Discussion Materials compiled by NDI for the

Women Multi stake holder forums on Constitution

and Peaceful Co-Existence

1
Content

1. Women’s Representation in Politics and Administration of Sri Lanka

2. Protection of Women’s rights through the laws and Constitution of

Sri Lanka

3. Societal barriers to women’s participation in politics and public affairs

in Sri Lanka

2
 Women’s Representation in Politics and Administration of
Sri Lanka.
By Sajeewani Abeykoon, LL.B. (Colombo), Attorney-at-Law

Introduction

Women’s political participation is a key component of democracy. Former UN Secretary General

Kofi Annan said “It is impossible to realize our goals while discriminating against half the human
race.”1 Participation in politics is a fundamental and milestone right of women that has been
stated in the United Nations’ Convention on Elimination of all forms of Discrimination against
Women (CEDAW) and many other international documents.

Studies show that higher numbers of women in Parliament generally contribute to stronger
attention to women’s issues. Women’s political participation is a fundamental prerequisite for
gender equality and genuine democracy. It facilitates women’s direct engagement in public
decision-making and is a means of ensuring better ‘accountability’ to women. 2 Despite this
significance of female representation in governance, the progress in such representation has been
quite disappointing. The existing studies show that, globally, women's representation in the
legislative, ministerial, sub-ministerial, and managerial positions has remained limited.3
Reflecting this global trend, female representation in governance has been quite poor in most
Asian countries. In Sri Lanka too, the political arena is largely dominated by the male.

The first part of this study explains relevant key concepts and reviews previous literature relevant
to the topic. This is followed by a brief discussion about benefits that can accrue by way of

1
Gender Equality Action Plan 2007-2009: making faster progress to gender equality.
2
UNIFEM, UNIFEM is the women’s fund at the United Nations.
3
Division for the Advancement of Women , "Women 2000: Women and Decision- Making," United Nations, New
York, 1996 (http://www.un.org/womenwatch/daw/public/ w2oct97.htm): Neft and Levine, Where Women Stand.

3
women’s participation in politics. The second part considers relevant international standards. The
third part is a study of existing mechanisms and proposals in Sri Lanka relating to women’s
participation in politics. This part traces the history of female participation in political affairs in
Sri Lanka. It identifies factors which act as deterrents to female politics in the country.
This is followed with an exploration into comparative international experiences in promoting
informed dialogues to formulate strategies for promoting women’s political participation. Finally,
this study presents some suggestions for formulating recommendations and steps to be taken to
achieve this goal.

Relevant Key Concepts

Democracy and Women

In a democracy, citizens participate in political and social activities that build communities and
shape the nation and all citizens have equal access to power through participation and voting. All
citizens enjoy political and civil rights including universal voting rights. As a responsibility, all
citizens must engage in civic participation in order to ensure the continuing life of the
democracy. 4 These activities can take place in government, places of worship or voluntary
associations. This kind of civic responsibility creates productive, responsible, caring and
contributing members of a democracy.

Alongside the institutionalization of the rule of law and democratic procedures, a balanced
political participation and representation in a society constitutes a fundamental prerequisite for a
vibrant democracy. Gender equality, in fact, is an essential ingredient of good democratic
Practice. It cannot be a participatory democracy when decisions are taken by some on behalf of
others. According to the United Nations, “the achievement of democracy presupposes a genuine
partnership between men and women in the conduct of the affairs of society in which they work
in equality and complementarity, drawing mutual enrichment from their differences.”5
Furthermore, “the inclusion of women in decision-making is a fundamental human right and an
issue of social justice. Only when women have full access to decision-making positions will laws,

4
Civic Participation is Democracy in Action, Calgary Immigrant Women’s Association, 2009.
5
Universal Declaration on Democracy, Declaration adopted without a vote by the Inter-Parliamentary Council at its
161st session (Cairo, 16 September 1997).

4
policies, and budgets reflect the needs of all citizens and support women’s rights.6 World leaders
meeting at the World Social Summit (2005) agreed that promoting increased women’s
representation in government decision-making bodies is essential to achieving the Millennium
Development Goals.
A democracy cannot be effective unless it is characterized by: 7
 Meaningful participation of women in politics and Elections,
 Gender-sensitive legislation and policies,
 Women's participation in peace-building processes.

Inclusive participation
Inclusive democracy implies the participation of all social actors, including women, in public
policy dialogue and decision-making. Moreover, it requires the active participation of women as
decision-makers in all branches of State. However, having a larger proportion of women in
government does not in and of itself guarantee a more inclusive or participatory governance, for
women as well as men are bearers of discriminatory attitudes and behaviours. This includes
providing gender-aware and gender-sensitive advice on electoral design, political party law and
other aspects of electoral management.

Making politics more accountable to women is not only about bringing women into positions of
political power, but also involves reforming the structures and culture of political institutions.
Reform measures likely to benefit women or girls (e.g., increases in government budget for
reproductive health and education; public expenditure management likely to improve basic
service delivery to women, reform of discriminatory laws on land ownership, land titling and
other assets; anti-discriminatory laws, laws to promote women's security (domestic violence and
anti-rape laws), introduction of changes in public sector hiring and employment practices to
facilitate women’s recruitment, retention and promotion), usually in a program or sector
development loan.

Gender Quotas

6
Making Democracy Work for Women: Initial Experiences from 10 UNDEF Funded Projects, UNIFEM, 2008.
7
Making Democracy Work for Women: Initial Experiences from 10 UNDEF Funded Projects, UNIFEM, 2008.

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Quotas and reservations are a first step in increasing women’s participation. In recent years,
electoral gender quotas have been introduced in number of countries all over the world. Hence,
some consider quotas to be a form of discrimination and a violation of the principle of fairness,
while others view them as compensation for structural barriers that prevent fair competition. It is
better to use ‘affirmative action’ or ‘equality measures,’ and to emphasize that quotas are not a
form of discrimination but rather compensation for structural discrimination. By introducing
requirements for a minimum number of women on electoral lists, or gender balance, quotas give
voters the ‘real equality of opportunity’ to choose among men and women. Thus, quotas are
instrumental in overcoming the significant exclusionary barriers present in political parties.
Quotas are important because they give women access to power structures. Some argued that the
‘equality of results,’ whereby quotas guarantee women’s presence in parliament, is not sufficient,
but should lead to a different way of doing politics. Others argued quotas are a temporary
measure. It may take decades, though, before all social, cultural and political barriers preventing
equal representation of women are eradicated.

Women’s non-governmental organizations (NGOs) and other civil society actors consistently
promote the quota as a positive action measure to achieve a more equitable gender balance in
representative bodies. They help to generate political support for the quota system. Presently,
electoral gender quotas are being introduced in nations where women have been almost entirely
excluded from politics, as well as in societies with a long history of female involvement in the
labour market and in political life, such as the Scandinavian countries using voluntary party
quotas.8 In the last one and a half decade, 50 countries have introduced legal quotas, i.e. quota
rules inscribed in the country’s constitution or electoral law. In other countries, major political
parties have introduced gender quotas for their list at public elections, i.e. voluntary party
quotas.9

Different Quota Systems

The electoral quota for women may be constitutional (like in Burkina Faso, Nepal, the
Philippines and Uganda), legislative (as in many parts of Latin America, as well as, for example,
in Belgium, Bosnia and Herzegovina, Serbia and Sudan) or it may take the form of voluntary

8
Gender, Governance and Democracy: Women in Politics, Isis Monograph Series 2005, Issue No. 1, Vol. 1.
9
Ibid.

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party quotas. In some countries including Argentina, Bolivia, Ecuador, Germany, Italy, Norway
and Sweden, a number of political parties have some type of quota.

‘Reserved seats’ are a different kind of quota, whereby a specific number of seats are set aside
for women as in Uganda, where a number of regional seats are reserved for women. Most quotas
aim to increase women’s representation, since, typically, the problem to be addressed is the under
representation of women. Properly implemented quotas might contribute to a more gender
balanced society. Quotas work differently under different electoral systems. Quotas are most
easily introduced in proportional representation (PR) systems. 10 Most of the countries with the
highest women’s representation elect their representatives under the PR system. 11

Empowerment of women
The benefits accrued by way of women’s empowerment, rather than profiting only the lives of
women, will have such far-reaching impacts as to strengthen the society as a whole.
Empowerment of women is one of the four essential components of the human development
paradigm, the others being productivity, equity and sustainability. The Beijing Declaration
emphasizes, “Women’s empowerment and their full participation on the basis of equality in all
spheres of society, including participation in the decision-making process and access to power,
are fundamental for the achievement of equality, development and peace.” 12

Empowerment is defined as people fully participating in decision-making and the processes that
shape their lives. Women’s empowerment not only comprises gaining access to decision-making,
but also to the processes that lead women to perceive themselves as being able and entitled to
representation in the decision-making space. The Government, the Parliament, political parties
and organizations, trade unions, NGOs as well as the media could contribute to this process.
Efforts to promote the empowerment of women should concentrate on encouraging the
participation of women in policy and decision-making processes and bodies; establishing income-
generating programmes for women; and providing women with access to education and all kinds
of training.

10
The Implementation of Quotas: European Experiences ,Quota Report Series, 2005.
11
Gender, Governance and Democracy: Women in Politics, Isis Monograph Series 2005 Issue No. 1, Vol. 1.
12
Beijing Declaration, 1995 (Para 13)

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Participation of Women in Executive Bodies
Equal participation of women in government should be one of the rules of democracy. All
governments that are committed to the principle of shared political responsibility should include a
certain number of women in all government structures. Men and women are equally competent to
serve in government or to work in any of its sectors. Women, therefore, should not be confined to
special sectors, but should rather be present in every area, including finance, foreign affairs and
defense.

Public-Private Dichotomy
From the origins of Western political theory, theorists have carved society into two domains: a
“public” domain, the domain of political authority and contestation, and a “private” realm,
associated with family and the home. British feminist Carole Pateman observed that classical
social contract theories divide the sphere of civil society into public and private domains. Women
and the family are located in the private domain, which is not seen as politically relevant. The
public realm cannot be fully understood in the absence of the private sphere. (Pateman, Carole
1989: 121)

“Personal is Political”
The feminist slogan that the ‘personal is political’ was a protest against sexual injustice, and a
challenge to the main obstacles feminists had encountered in removing it. It was a protest against
the violence, exploitation and humiliation that characterized so much of women’s lives not only
in the workplace, or as members of political organizations and movements, but in the home and,
more broadly, in their sexual and domestic relations with men. This implies not only that women
are victims of injustice, but also that these injustices have political causes, consequences and
remedies, and should be treated as such.

Women’s Agency
This is a prerequisite for gender justice. Essentially this means an individual’s “ability to take a
decision based on one’s own rationality” and choice, free from any external pressure, threat or
‘conditioned preference.’ In his writings on human development and freedom, economist
Amartya Sen argues, “There are strong links between agency and freedom, especially relevant in
the lives of women” (Sen 2001: 172). The idea is especially useful to understand in what capacity

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and freedom women exercise their rights. In Sri Lanka, most women lack sufficient economical
and social empowerment and are too dependent on males. Consequently, a majority of women
are unable to make their own decisions about their political participation.

Is Women’s Subordination a Biological Truth or a Construction of Society?

Feminist political theorist Simone de Beauvoir observes: “women are not born but made.” This
clearly shows that feminists view gender as a “political construct.” Patriarchal societies
differentiate and “stereotype feminine and masculine roles.” Knowledge and thought prevailing
in such societies reflect men’s views of the “natural and social world.” Various mechanisms
including political and legal ones have been used to develop and maintain this standpoint, which
is “socially constructed.” In reference to all these ideas, we can argue that gender-based
discrimination and inequalities are also socially constructed. In other words, they are ‘social
structures’ or ‘social system.’

Feminists’ Critique of Citizenship

Feminists argue that the concept of citizenship is “gender-blind.” By focusing on “uniform and
equal application” it fails to recognize the fact that “many societies are still shaped by patriarchal
traditions” which support male domination and privileges; under those circumstances equality
remains a “façade,” and policies that work within the framework of “formal equality” are in
effect used to sustain the inequality. (Roy, Anupama 2005:28)

Basic Income Theory

Pateman has strongly advocated the idea of a 'basic income' which would, for the first time, give
women an independent income. While modest in that it would only allow for a comfortable
means of support, it would increase freedom since women would then be free not only to consent
to marriage, as they have been officially for centuries, but they would also be free not to consent
as well. It would increase women’s overall freedom. (Pateman, Carole 2004:90)

Review of Previous Literature

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Women's political participation and representation at decision-making levels are two different
issues. Participation is a necessary but insufficient condition for representation because
representation does not flow automatically from participation. Women all over the world have
participated widely in political movements in times of crisis but, once the crisis is over, they are
relegated again to the domestic arena.13

Some gender activists have tried to appraise affirmative action as a suitable strategy to enhance
women’s political participation. Arguably, in order to make a political agenda more gender
sensitive, affirmative action is crucial so as to achieve a critical mass of women in decision
making (Kitunga and Mosha 2003). Moreover, “the larger the numbers of participants, the more
possibilities exist to make a difference.” (Karl 1995: 70) On the other hand, others see it as not
effective and sufficient strategy. Arguably, in politics there are other associated factors such as
interest of political parties, capacity of the candidates, cultural issues as well as negative attitude
of the people that perpetuate gender inequalities in politics (Sabuni 2003, Rai 1995, Reardon
1995, World Bank 2001).

A study14 undertaken by the Centre for Women’s Research Sri Lanka, (CENWOR) has identified
“gender inequality in family relations caused by male dominance and resulting in physical
immobility as well as an unequal gender division of labour within the household and consequent
time constraints to participation in activities outside the home” as constraints. Women’s
responsibilities towards the family and caring for children take up much of their time. Another
constraint that has been identified in the study is the “gender role assumptions that allocate
political and community affairs to men and exclude women from what are perceived to be
unsuitable activities for women.”15

Important Sri Lankan literature on this subject can be summarized as follows:

Sri Lankan feminist writer Selvi Thiruchandran in her article “The Politics of Practice and the
Practice of Politics” “One of the main reasons for the lack of participation of women in politics

13
Barbara Nelson and Najma Chaudhary, Women and Politics Worldwide. New Haven, Yale University, 1994.
14
Centre for Women’s Research – Sri Lanka. Women, Political Empowerment and Decision Making,
Study Series No. 8-1994
15
Ibid.

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is based on a culture which has assigned to women the charge of domestic sphere and with it the
domestic chores and related concerns. This denies woman the space and time in the ‘public’
world. Another reason for the lack of women’s participation in politics is that politics in many
countries and particularly in Sri Lanka has indeed become a dangerous game – so much so that
with entry into politics there arises a constant, gripping fear for one’s life.”

Pioneer Sri Lankan feminist Kumari Jayawardena expresses a similar idea: “Women, seen as
the symbolic ‘Mothers of the Nation,’ were its actual biological reproducers, also playing a key
part in socializing children into their traditional ethnic and religious roles. Women were,
moreover, cultural carriers in terms of dress, adornment, behaviour and ritual. Drawing
distinctions between ‘purity’ and ‘pollution,’ women’s responsibilities were to ensure the
unblemished continuity of ethnic, religious and cast identities.” (Jayawardena 2007: 252)16

Thiruchandran further explains, “Despite laws which give freedom to the woman to enter politics,
she is prevented from doing so because support systems of the society in which she lives have not
been provided for women in many countries. The Scandinavian countries are an exception.”17
She emphasizes, “There is a historical subordination of women and extra efforts have to be
devoted to equalize opportunities, to struggle against injustice and deeply rooted discriminatory
practices and exclusion of women from politics. The quota system is felt to be very effective in
introducing and encouraging women into politics. Under this policy a certain percentage of all
candidates for a position or selection have to come from women.”18

Kishali Pinto Jayawardena and Chulani Kodikara, criticizing the present status of women’s
rights in Sri Lanka, note that “The impact of the State on the lives of women had been extremely
complicated. On the one hand, internally (through its Constitution) and internationally (through
its ratification of international instruments), the State has been obliged to subscribe to principles
and policies that preserve and protect women’s rights. On the other hand, injustices done to
women by gender discriminatory laws and practices continue to be condoned by the State within

16
Jayawardena, Kumari. Erasure of the Euro-Asian, recovering early radicalism and feminism in South Asia, Social
Scientists’ Association 2007.
17
Thiruchandran, Selvi. “The Politics of Practice and the Practice of Politics” in Nivedini, a journal on gender
studies, Women’s Education and Research Centre 1998.
18
Ibid.

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its inflexible sanctioning of the authority of men over women in all spheres of decision-
making.”19

In her article, ‘Gender Representation in the Peace Process’ Dilrukshi Fonseka focuses on
another aspect of women’s participation. “Although women make significant contributions to
peace processes at the community and civil society levels, their representation at the official level
is negligible. Their under-representation at the official level is directly related to their lack of
access to political power and political decision-making. The political nature of most peace
processes often excludes civil society, including women’s groups.”20

In her book ‘The Politics of Gender and Women’s Agency in Post-Colonial Sri Lanka’ Selvi
Thiruchandran criticizes, “In Sri Lanka the State had no specific policy directed towards women
till the UN declared 1975-1985 as the Decade of Women. An Attitudinal and structural
complacency existed in Sri Lanka which explains State Inactivity thus: the women of Sri Lanka
are already liberated thanks to various historical events.” She further observes, “Women in Sri
Lanka, it should be noted, are divided ethnically and politically. Though caste and class should
form the real basis of analysis, the ethnic division is more pronounced and ethnic identities have
been co-opted in order to perpetuate patriarchal values. By subscribing to what are broadly
termed as national politics, women are hopelessly divided along ethnic lines.”21

What Benefits Can Accrue When Women Participate In Politics?

According to Madeleine K. Albright, the first woman to become a United States Secretary
of State (1997- 2001), 20th United States Ambassador to the United Nations (1993–1997) and
Chairman, National Democratic Institution (NDI):

19
Jayawardena, Kishali and Chulani Kodikara, Women and Governance in Sri Lanka, International Centre for Ethnic
Studies 2003
20
Fonseka, Dilrukshi. Gender Representation in the Peace Process, in Nivedini, Journal of Gender Studies,
Women’s Education and Research Centre 2006
21
Thiruchandran, Selvi. The Politics of Gender and Women’s Agency in Post-Colonial Sri Lanka, Women’s
Education and Research Centre 1997.

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  Women’s political participation makes democracy more inclusive as they make up over
50% of the population in most countries. Over half of the population must not be kept
uninvolved in shaping their future.
 Women bring with them a different perspective.
 More women in politics mean better policies for women and children as well as everyone
else.
 Electing women decreases corruption in government as women tend to be more honest
and less corrupt than their male counterparts.
 Empowering women benefits societies as women are consumers, breadwinners, mothers,
teachers and social service providers among other things, and so have long-lasting,
dramatic effects on their families. Educated women, for example, are significantly more
likely to make sure that their children go to school, receive proper health care and
nutrition, and grow up in financially stable homes.
 Women help build peaceful and stable societies.
 Women work better for their people in their constituencies.
 Women are a valuable, relatively untapped resource.

International Standards to Women’s Participation in Politics and

Administration
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
which came into force in 1979 is a landmark treaty which incorporates the norm against gender-
based discrimination and moves beyond the standard guarantees of equality before the law and
protection under the law found in earlier instruments. “...the full and complete development of a
country, the welfare of the world and the cause of peace require the maximum participation of
women on equal terms with men in all fields.”22 The CEDAW provides the basis for realizing
equality between women and men by ensuring women’s equal access to, and equal opportunities
in, political and public life, including the right to vote and to stand for election. Governments
agreed to take all appropriate measures including legislation and temporary special measures, so
that women can enjoy all their human rights and fundamental freedoms.

22
UN Convention on the Elimination of all Forms of Discrimination against Women, 1979

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Articles 7 and 8 of CEDAW explicitly cover the right of women to non-discrimination in a
country’s public and political spheres, as well as their right to equality with men with regard to
the following: the right to vote; the right to be eligible for election to all publicly elected bodies;
the right to participate in the formulation of government policy and its implementation; the right
to hold public office and to perform all public functions at all levels of government; the right to
participate in non-governmental organizations (NGOs) and associations concerned with the
public and political life of the country; and the right to represent the national government at the
international level and to participate in the work of international organizations. In addition, the
preamble of the Convention links the ‘full and complete development of a country, the welfare of
the world and the cause of peace’ with the need for the ‘maximum participation of women on
equal terms with men in all fields,’ implicitly including the public and political realms.

General Recommendation No. 5 (Seventh Session, 1988) – Temporary Special Measures

made by the United Nations Committee on the Elimination of Discrimination against
Women

“The Committee on the Elimination of Discrimination against Women, taking note that the
reports, the introductory remarks and the replies by States parties reveal that while significant
progress has been achieved in regard to repealing or modifying discriminatory laws, there is still
a need for action to be taken to implement fully the Convention by introducing measures to
promote de facto equality between men and women, recalling article 4.1 of the Convention,
recommends that States Parties make more use of temporary special measures such as
positive action, preferential treatment or quota systems to advance women's integration
into education, the economy, politics and employment.”23

At the Fourth World Conference on Women (FWCW, Beijing 1995), there took place a global
consensus around women’s advancement in the public sphere through the institutionalization of
national machineries for women, as well as the affirmation of the gender quota in policy and
decision-making spaces. Further it recognized the many "gender specific impacts of conflict and

23
http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm

14
war on women and girls"24 and noted with concern the under-representation of women in peace
building and post-conflict processes, urging all member states to incorporate gender
mainstreaming in peace negotiations and reconstruction.

When they signed this document, governments agreed to take measures to ensure women’s equal
access to and full participation in power structures and decision-making; and increase women’s
capacity to participate in decision-making and leadership. Also in adopting the Beijing Platform
for Action, governments have undertaken a commitment to a strategy of mainstreaming gender
perspectives throughout policy and planning processes. The major component of the
"mainstreaming paragraph" included in each major section of the Platform for Action is as
follows:
“Governments and other actors should promote an active and visible policy of
mainstreaming a gender perspective in all policies and programmes so that, before
decisions are taken, an analysis is made of the effects on women and men, respectively.”25

The Outcome Document of the Beijing + 5 conference in 2000 summarizes achievements

regarding the full participation of women in decision making and power positions at all levels and
in all forums made through ‘affirmative action and positive action policies, including quota
systems or voluntary agreements and measurable goals and targets.’ It also refers to the enabling
conditions (training programmes, and programmes to reconcile family duties with work
responsibilities) that facilitate such accomplishments. The document, though, concludes that,
despite the progress made in some countries, ‘the actual participation of women at the highest
levels of national and international decision-making has not significantly changed since 1995.’26

In 2000, the UN Security Council unanimously adopted Resolution 1325, acknowledging “that
peace cannot be sustained unless women have an equal and active role in formulating political,
economic and social policy and that without women's full participation in peace processes there
can be no justice or sustainable peace and development in the reconstruction of societies." The
Resolution also addressed the need for social protection for women in conflict situations. Further,

24
http://www.international-alert.org/women/coneres.paf
25
Para 189 and 202, of the Declaration and Platform for Action of the Fourth World Conference on Women (Beijing,
China 1995).
26
United Nations. 2001. Beijing Declaration and Platform for Action with the Beijing+5 Political Declaration and
Outcome Document. New York: United Nations. pp. 111–113

15
Resolution 1325 tasked the UN system and its Member States to ensure that gender
considerations are thoroughly integrated into all aspects of the UN’s peace and security work
from conflict prevention to post-conflict reconstruction, including in establishing and developing
the rule of law. 27

In response to this mandate, the European Union passed a strongly worded resolution which calls
on its members to promote the equal participation of women in diplomatic conflict resolutions,
ensure that women fill at least 40 per cent of all peace mediation posts, and support the creation
and strengthening of NGOs (including women organizations) that focus on conflict prevention,
peace building and post-conflict resolution. 28

During its discussion of States parties’ reports and in its Concluding Comments, the CEDAW
Committee always refers to the application of temporary special measures, including quota
systems in public and political life (and in other areas), either in a laudatory way, when they are
being applied by the state party, or by recommending their application.29

From February 27 to March 10, 2006 the Fiftieth Session of the UN Commission on the Status
of Women, focused on women’s participation in decision-making and development. Transition
and development processes in the Europe and Commonwealth of Independent States (ECIS)
region have proceeded without the full participation of women, thus weakening their position in
political and socio-economic lives. 30

In 2008, a Declaration was made in the 2nd South Asian Regional Conference on Violence
against Women in Politics: Revisiting Policies, Politics and Participation, which emphasizes:

“There are inherent structural impediments that prevent and discourage women from
participation in decision-making processes which consequently perpetuates violence, both
visible and invisible against women. There is overwhelming consensus amongst the
people of South Asia to ensure human rights, human dignity, equality, justice and human
security. We strongly condemn and reject the existing paradigm of power politics that is

27
http://www.ukun.org/articles
28
Considerations on Women, Peace and Security in the Americas, 2004.
29
A survey of CEDAW Committee practice up to 2000 can be found in CEDAW/C/2001/II/5.
30
“Enhancing Women’s Political Participation: A Policy Note for Europe and CIS” 2009

16
 inherently violent, corrupt and patriarchal. We believe in redefining of politics based on
participation, inclusivity, justice, transparency and democracy.”

The Declaration also demands, “zero tolerance towards violence against women in politics in
order to enhance a meaningful participation of women in political governance, irrespective of the
system of elections, there should be a minimum of 33 per cent quotas for women for elected
positions at all levels of governance.”31

Women’s Participation in Politics and Administration of Sri Lanka

Women play a dual role in politics as voters and political representatives in Sri Lanka. On the
voting front, though adult franchise was granted in 1931, it was the progressive spirit that
pervaded the making of the constitution that made it a reality. Although women constitute nearly
half of the population of the country, women's representation within administrative and
legislative bodies is still very low in Sri Lanka.

Sri Lanka’s Constitution guarantees equal rights without discrimination on grounds of sex and
provides for affirmative action to ensure equal rights.32 Sri Lanka adopted a “Women’s Charter”
in 1993 to give local expression to the goals envisaged in the CEDAW to which Sri Lanka is a
party and as a measure to provide policy coherence on women’s issues. With a view to
implementing, the Charter adopted a National Plan of Action on Women with collaborative effort
of the government and NGOs. Although legal equality is recognized in the Constitution, women
are largely under-represented at most levels of government, especially in Ministerial and other
executive bodies, and have made little progress in attaining political power in legislative bodies.
Women are under-represented in the Judiciary, Corporate Boards and State Boards.(See
Annexure 1, Country Gender Profile, Sri Lanka)

“There are no constraints for Sri Lankan women to reach the heights of political power.
However, as a percentage, only 5% of our Members of Parliament are women and only

31
2nd South Asian Regional Conference on Violence against Women in Politics: Revisiting Policies, Politics and
Participation, 16 – 18 November 2008, Kathmandu, Nepal.
32
12(1), 12 (2) and 12(4) of Chapter 3, Constitution of Sri Lanka1978.

17
 3% of the Members of our local authorities are women. The reasons for low participation
are complex including socio-cultural norms in some communities.”33

The status of women in Sri Lanka has advanced in important respects during the past decades, but
women continue to be under-represented and marginalized from legislative and decision-making
processes. However, women’s full participation and representation in legislative processes are
fundamental to equality, development and peace in Sri Lanka. Affirmative action in other South
Asian countries such as India, Pakistan, Bangladesh and Nepal, has enabled large numbers of
women to enter politics. The concluding comments of the CEDAW committee on Sri Lanka’s
third and fourth periodic report submitted to the CEDAW urges the Government to take all
necessary measures to increase representation of women in politics and public life at local,
provincial and national levels, including through the implementation of temporary special
measures in accordance with article 4, paragraph 1 of the CEDAW Convention. 34

In Sri Lanka, although there are no legal impediments to the participation of women in politics or
government, the patriarchal social norms in communities limit women's activities outside the
home, and the percentage of women in government and politics does not correspond to their
percentage in the population. In November 1994, a woman was elected President for the first
time; she was re-elected in December 1999 for a second term. Eleven women held seats in the
Parliament that completed its term in August 2000. In addition to the Prime Minister, the
Minister for Women's Affairs, and the Minister of Social Services, a number of women held
posts as Deputy Ministers in the parliament. Of the 5,000 candidates for the October 2000
parliamentary elections, 116 were women and 7 of them won seats. Only one woman (Minister of
Women's Affairs) was appointed to the cabinet. At the 2004 General Election there are only
4.8% women in parliament and according to 1997 statistics, there were a mere 3.4%, 2.6% and
1.7% women representatives respectively in Municipal Councils, Urban Councils and Pradeshiya

33
Sri Lanka Statement by Dr. Palitha Kohona, Ambassador, Permanent Representative of Sri Lanka to the United
Nations and Head of Delegation, 54th Session of the Commission on the Statues of Women, United Nations, New
York, 05th March 2010.
34
Article 4 (1) CEDAW Adoption by States Parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination as defined in the present Convention, but
shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be
discontinued when the objectives of equality of opportunity and treatment have been achieved.

18
Sabhas.35 In Parliament, there has been a decline from 4.8% in 1994 to 4% in 2000, and a small
rise to 4.1% in 2001 and to 4.8% in 2004.36

In Sri Lanka’s General Election 2010 women’s nominations as candidates by political parties
was extremely low. Nominations for women from these parties did not exceed 6% of the total
nominations given by them. Of a total of 262 nominations given by each of these parties, the
UPFA and UNP gave nominations to 15 women each and the DNA to 9 women. The TNA did
not give nomination to a single woman. 37 The representation of women in 2010 in the last
Parliament was at 5.3%, the only consolation being that the UPFA has selected two women
Members on their National List while the UNF has one.
In contrast, representation by women at elections in several neighboring countries is seen at
significantly higher proportions. In 2008, there was 33.2% representation at elections in Nepal.
While Bangladesh indicated 18.6% representation by women, Pakistan had 22% representation in
its Lower House and 17% in the Upper House. The 2009 elections in India resulted in 10.8% and
9.0% women’s representation in the Lower house (Lok Sabha) and the Upper House (Rajya
Sabha) respectively. In Maldives, there is 6.5% women’s representation.38

“The Sri Lankan experience thus reflects the truth that PR (Proportional Representation)
cannot, in isolation, work for the betterment of women in politics. Its beneficial effects are
heavily dependent on the type of political and the social and cultural ethos within which it
works itself out. Thus, although in countries sharing similar political cultures such as
Germany and Australia, PR has resulted in 3 to 4 times more women being elected.”39

In 1997 Sri Lanka's Government proposed a constitutional reform, which contained a 25%
reservation for women at the local government level. However, little progress has been made and
the provision was not even stated in the August 2000 constitutional reform. The reason given by
the Government was that the Muslim and Tamil parties felt that they would not be able to find
sufficient women candidates.

35
http://www.onlinewomeninpolitics.org
36
Women’s Manifesto, Social Scientists’ Association 8th March, 2010.
37
Sri Lanka: Can a Man be the Minister of Women’s Empowerment? Cat's Eye, May 9, 2010, www.wluml.org/node
38
Women in national parliaments, World Classification, 31 May 2010, www.ipu.org/wmn-e/classif.htm.
39
Jayawardena, Kishali and Chulani Kodikara, Women and Governance in Sri Lanka, International Centre for Ethnic
Studies 2003

19
In Sri Lanka there are no special laws that mandate a quota for women's representation even
in Urban Local Government. In this connection, it is interesting to note that the Commission of
Inquiry on Local Government Reforms40 states that proposals were made before the Commission
that while continuing the provisions for youth representation in local authority elections, there
should be provision for women’s representation too. The Commission states that “women and
youth as categories of voters need not have a fixed percentage of candidates or representatives
and that they should be free to contest in any desired numbers.” The Commission also notes that
“any attempt to accommodate a proportion under the ward system would be detrimental to
democratic ideals and that if the voters so decided it should be possible for these categories to
have even 100 percent representation.”41
Although women represent 52% of Sri Lanka’s population, they are not adequately represented in
political decision-making. Despite Sri Lanka’s being recognized as a democratic country, our
political arena is largely dominated by the male, often to the detriment of the female. If
democracy is ‘governance of the people, by the people and for the people,’ who are these
‘people’? Are women not considered human beings, and indeed, fellow citizens? The answer is
loud and clear. Women’s participation needs to be recognized as an essential factor in good
governance and considered as inalienable from the exercise of any democracy, to such an extent
that there could be no genuine democracy without it. Political rights do not mean only the right
to vote but also being a representative. More women are needed in parliament and local bodies,
especially at decision-making levels not only because it is their right, but also to put forward
issues affecting women, and to take gender-sensitive positions on matters of national and
international interest. The government has to bear the responsibility of improving women’s
representation.

However, the number of women contestants in Parliamentary elections has not increased
significantly over the years. Political parties are still reluctant to field women candidates at
national level. The result of a complete lack of political will to include women meaningfully in
the party machine leads to party decisions reflecting only male viewpoints. On the one hand,
prevailing social attitudes and tradition tend to exclude women from debate and decision-making
in peace and reconstruction processes; on the other, most approaches to conflict negotiation,

40
Report of the Commission of Inquiry on Local Government Reforms – Seasonal Paper No 1 of 1999
41
Sri Lanka Report on State Of Women in Urban Local Government Sri Lanka.

20
mediation and peace reconstruction ignore the issue of gender. Political parties approach
women very often for party issues and for short-term goals such as winning elections, but
not for long- term goals of bringing about social changes and gender equality in political
power sharing.

In June 2004, a group of NGOs presented a proposal to the political leaders, urging for an
affirmative action clause in the local election clause to include 33% of representation to women.
That was six years ago and when we look back today, nothing has changed. In 2005 a cabinet
paper was submitted providing a 30% share for females in the Provincial Council election. But no
quota has been allocated still.

With the appointment of the Parliamentary Select Committee on Electoral Reform in 2003 (as
reconstituted in 2006), women’s organizations again mobilized on the issue of quotas. These
organizations also gave oral evidence before the committee in October 2003. The Interim report
of the Select Committee dated 5 June 2007 has recognized the need to increase women’s
representation in politics, but committee makes a very weak recommendation that:42
 political parties should include provisions in their policies to ensure nominations of
women candidates in order to guarantee better representation of women in Parliament,
Provincial Councils, and Local government bodies, and
 That the necessary legal provisions be formulated to make it mandatory that every third
candidate nominated by a party secretary from the national list shall be a woman
candidate.

These are merely recommendations, and not mandatory directions to political parties. Therefore,
parties are allowed the discretion to adopt policies that will increase women’s nominations, or not
do so. Recent election manifestos of both the SLFP and the UNP make promises of increasing
nominations of female candidates and implementing a reservation or quota for women. In reality
however, beyond the symbolic inclusion of one or two women in nomination lists, both parties
have not taken concrete action to seriously address the under-representation of women in political
institutions. “The enormous costs of contesting elections, the thuggery and violence, the

42
Kodikara, Chulani, Women and politics in Sri Lanka: The challenges to meaningful participation,
Advocacy, Colombo, 2008.

21
competition within the party fostered by the proportional representation system and the general
lack of support for women candidates from male colleagues mean that even the few women who
are offered, are often reluctant to accept nominations.”43

Most of our female politicians come from families with a political background quite often to fill
the gaps created by deceased husbands or fathers. But females without such a background face
problems in coming forward as political contestants. The present system needs change so that
honest female candidates could come forward during the elections.

Unlike some neighboring countries, Sri Lanka does not have a quota requiring a certain
percentage of women to run for local office. This has been a focus of women’s groups in recent
years, but the campaign to introduce a quota has gained little traction in Sri Lanka’s deeply
conservative polity.
Countries Quotas for Quotas for Women Affirmative Action % of Women in
Women Candidates at the Taken since BFA the Parliament
Candidates at the Local Level 2004*
National Level
Bangladesh Reserves 15% The Pourshava and National policy for 2
Year: 2004 in parliament City Corporation advancement of
14th Ordinance women adopted in
Constitutional reserves 1/3rd of 1997.
Amendment the Spelled out
introduced. total seats for commitments and
women policies for women
Bhutan No quota for No quota for Women, children 9.3
women women and gender
constitute an
important area in the
Ninth Five-Year
Plan, 2002-2007.
India No quota for 33% of seats in all Political 9.3
women local bodies empowerment is an
(Panchayats and objective of the
municipalities) are Tenth Plan
reserved for
women.
Maldives No quota for No quota for Gender Management 6.0
women women System introduced in
2001.

43
Ibid.

22
 Nepal Reserves 5% The Local Tenth Plan 2002 9.7
Year: 1991 in the Lower Governance Act envisages 20% of
Article 114 House and 3 reserves 20% of female participation
seats in the seats for women in in decision-making at
Upper House local bodies all levels.

Pakistan 33% of seats The Devolution Election Law Quota, 20.8

year2002: reserved for Power Plan passed in 2002.
Election Law women, reserves 33% of Devolution Power
Quota, 2002 (National seats for women at Plan was adopted in
Assembly) —36 the local level. March 2000.
out of 342 seats
(Senate)—17 out
of 100 seats
Sri Lanka - The Cabinet has 4.4
approved in
principle the
reservation of 33%
of seats in local
authorities for
women
Obstacles to Women’s Political Participation

For women to be elected to office they need to pass three crucial barriers: first, they need to select
themselves to stand for elections; second, they need to get selected as a candidate by the party;
and third, they need to get selected by the voters.

 Lack of support from political parties. Political parties continue to be very male-
dominated institutions. Gender discrimination and entrenched patriarchal structures within
Sri Lanka’s political parties act as a barrier both to women entering politics, as well as to
women influencing the national political agenda. While some female politicians had been
supported by their parties, the vast majority together with civil society commentators
reported that women face extreme discrimination and exclusion within the parties.
Women’s participation within the parties appears to be mostly through the Women’s Wing,
which is a relatively powerless branch of the party whose role is to mobilize women for
meetings and elections. This structure excludes women from the mainstream party.

 One of the most critical barriers for Sri Lankan women is the fear of violence that has
become associated with the political process.. Those who do run for local office face a very

23
 aggressive election system that uses violence to intimidate candidates and shape voting
patterns. According to a number of studies on women in politics, women also tend to face
more abuse and aggression in public life in Sri Lanka than men. Families, witnessing the
violence associated with Sri Lankan politics, often stand in the way of women seeking to
run for office. Due to the level of intimidation and the power of the patronage system, the
status quo is maintained, with women, remaining marginalized and excluded from the
political process.44 It is rather ironic that men say politics is inappropriate for women
because it is often violent, thus providing justification for excluding women.

 Lack of finance and resources, something which seemed to be particularly severe for
women running for local council (possibly, because only women with significant resources
would even seek to run for national office).
 The support of customary leaders, especially the paramount and section chiefs, was reported
as vital for a political campaign, as it is the chiefs that mobilize the community to support a
particular candidate. This poses great problems for women, as many chiefs either actively
oppose women’s political participation, or provide support to locally powerful male
candidates.

 All women candidates reported facing harassment and hostility from powerful men in
their community who are opposed to women’s political participation. In many cases, this
manifested itself as violence against the female candidate or her supporters, as well as
attempts to attack the candidate’s character and morality (usually their sexual behaviour).

 Women candidates face stigma and disapproval from their communities and from
families. This often involves judgments about the woman’s morality and sexual behaviour,
based on beliefs that a “moral” woman would not take on such a public role For many
women the fear of such stigma is enough to stop them participating in politics.

 A major challenge for many women is lack of capacity and confidence to operate within a
male-dominated political environment, often in the face of discrimination or exclusion by
male colleagues, and the prejudice that they do not have the required experience of

44
Team 1325 and Women in Sri Lanka: Building a Common Platform for Peace, Dr. Paula Green, Director of
Karuna Centre for Peace building

24
 campaigning or public speaking. Much more capacity building was needed for them to be
able to compete with men who have been local power holders and public figures for a long
time. Male leaders frequently reported that women’s lack of political participation was due
to their “shyness,” although perhaps this could be more accurately understood in the sense
that women are worried about lack of capacity or public humiliation.

 The perception of women primarily as housewives rather than as citizens or political

actors. Women’s mobility is restricted; they have fewer opportunities to mix with those in
power; they have the sole responsibility for household maintenance and child care
activities; and they face a political nepotism that favors men.

 The women participating were themselves reluctant to take leadership roles as they
viewed political parties as being an arena where masculinity prevails. The conflict-ridden
party conventions where physical violence sometimes ensues and the prolonged internal
struggles for positions and power were deterring to them. They preferred to stay away from
such politicking.

 Women themselves are not active in working in solidarity. Most of the women cadres
find themselves isolated, immobilized and facing difficulties. However, they do not take
action in networking with other women. A network of women cadres would help
considerably to strengthen their competency, learn from and support one another. Together
they can initiate various movements and drive for substantive changes in the society.

 Prevailing patriarchal socio-cultural perceptions and traditional gender roles:

Although, in the past few decades, there have been positive changes in social recognition to
roles of women at home and in society, a perception that ‘power is a privilege belonging
solely to men’ still exists. Many women also bear this perception in mind. Therefore, many
of them feel resigned and even smug about women’s subordinated status, leading to their
low self-confidence lack of capacity to promote careers of their own. The belief and
perception that women are meant to be supporters and make sacrifices are prevalent.
Traditional gender roles that give high priority to family life impede women’s participation
in politics. Family chores are still a burden resting predominantly on women’s shoulders,

25
 causing time constraints against studying, enhancing capacity, as well as limiting access to
information and social activities.

 Insufficient political culture of society and the weakness of democratic institutions:

Some major drawbacks include the lack of State gender policy aimed at advancing women
and overcoming gender imbalances, weakness of women’s organizations, the
underdevelopment of the women’s social movement, lack of democracy within parties, lack
of party mechanisms for promoting women, lack of media support for women’s political
participation, which cultivates stereotypes about the role of women in social and political
spheres.

Comparative International Experiences in Promoting Women’s

Participation
With regard to enhancing women's participation in public governance in particular, some Asian
countries expressed specific commitments or interests: Bangladesh wanted to establish
committees at the district, sub-district, and union levels to engage women in development
activities; China highlighted the increased participation of women in the political arena; Japan
emphasized the employment of women in the public service; Malaysia stressed the involvement
of women in political and administrative decisions; and the Maldives mentioned the creation of
gender balance in decision-making bodies. 45

Indian experience

Although the Constitution of India provides for the Government to make special provisions to
safeguard the interests of women as detailed in Article 15 (3) and Article 39, it has not made any
provision for reservation for women in respect of jobs and political offices. However, the 73rd and
74th Constitutional Amendment Act mandated reservation of one-third seats in the village, block,
districts, and municipal elected bodies in India. The 73rd and 74th Amendments (1992) to the
Indian Constitution have served as a major breakthrough towards ensuring women’s equal access

45
Asian Journal of Political Science, 2006.

26
and increased participation in political power structures. This Amendment provided for
reservation of one third of seats for women at the level of local governance in urban areas. There
is also a one-third reservation for women for posts of chairpersons of these local bodies. This
amendment has initiated a powerful strategy of affirmative action for providing the structural
framework for women’s participation in political decision-making and provided an opportunity to
bring women to the forefront and centre of city development and develop new grass-root level
leadership. After 1993, women’s participation in local governments increased quite radically,
with the enactment of the legislation providing 33 per cent reservation of seats for women in
local bodies. There are about 1 million elected women representatives in Panchayats and
Municipal Bodies in India. Women in large numbers have come out against atrocities on women,
in defense of their traditional control over crucial resources, water, forests, and land, mass
literacy drives and other issues. They are also coming out in large numbers over ecological
degradation, price rise or protests against police repression and so on. While there is increased
participation in grass-root political movements, it is not being translated into a growing share of
women in the formal political structure of the country. Since the country’s Independence, it is
seen that the strength of women in the political field as reflected in State legislatures remained at
an average of 3% to 5% of those elected. At the level of Parliament, the proportion of women
members has varied between 5% and 7%.

The Rajya Sabha, India’s Upper House of Parliament, passed a Bill to reserve one third of
legislative seats for women on March 9, 2010. The Bill provides a 33 per cent reservation for
women in the Indian Parliament and State Assemblies. Prime Minister Manmohan Singh
commented that the 186 to 1 vote was a “historic step forward toward emancipation of Indian
womanhood.” Brinda Karat, the leader of the Communist Party, expressed hope that the Bill
would improve the situation of India’s women, saying that they are “still caught in a culture
prison.”46

Women’s Political Participation and Decision-Making Position in Nepal

In 1990, when Nepal restored Parliamentary Democracy, a Constitutional mandate was passed to
ensure the participation of women in national elections. The Constitution of Nepal specifies that
all political parties must have at least 5 per cent female candidates in the election to the House of

46
www.nouse.co.uk/2010/03/16/india-to-reserve-one-third-of-legislative-seats-for-wome

27
Representatives, the Lower House, and at least three women in the Upper House. The Act on
Local Election (HMGN, 1997) required all political parties to field at least one candidate at the
ward level. Representation of women is also mandatory at Village Development Committee
(VDC) and District Development Committee (DDC) levels. Among the nominees there must be
at least one woman. As a consequence of this Act, more than 100,000 women have participated in
VDC level elections as candidates and more than 36,000 have been elected to the village
assembly. 47

Gender Quotas in Belgium

In 1994, the Belgian Government proposed the Gender Quotas Act, which intended ‘to promote
a balanced representation of men and women on electoral lists.’ The Act stipulated that electoral
lists must not comprise more than two-thirds of candidates of the same sex and that, in the event
of non-compliance, public authorities would not accept the lists for election. 48 In 2002, a series
of new gender quotas Acts were approved. The new Acts compel parties to put forward an
equal number of male and female candidates. Furthermore, candidates of the same sex may not
occupy the top two positions on a list. Non-compliance will result in rejection of the list by the
public authorities. 49 While the 1994 Act applied to all elections, the 2002 acts do not apply to
local and provincial polls, since their organization has become the responsibility of the regions.
Hence, regions that do not adopt their own legislation will continue to observe the provisions of
the 1994 quotas act.50 The law raises the obligation of parties from having no measures regarding
sex-balanced electoral lists to a minimum standard of inclusiveness.

Until the second half of the 1970s, women in Belgium made up approximately five percent of the
Membership of the House of Representatives and of the Senate. From then until the middle of the
1990s the figure was around ten percent. Following the 1995 federal elections, however, the
number of women Senators doubled to 24 percent, while the number of MPs remained constant at
12 percent. In the federal elections of May 2003, 35 percent of women were elected to the House
of Representatives and 38 percent to the Senate. Moreover, the increase in the number of women

47
Country Briefing Paper—Women in Nepal
48
Meier, Petra, Implementing Gender Quotas in Belgium: Legal Enforcement Lessons Department of Political
Science, Vrije Universitie, Brussels, Belgium, 2005.
49
Ibid.
50
Meier, Petra , Implementing Gender Quotas in Belgium: Legal Enforcement Lessons Department of Political
Science, Vrije Universitie, Brussels, Belgium

28
elected in the last three federal polls has resulted in Belgium joining the top ten countries with the
highest number of women in the national legislature.51

Similar successes have been achieved at provincial and the local levels of government. The most
important lesson to be learnt from the Belgian experience is that gender quotas acts, in order to
have an impact, must be tailored to the features of the electoral system. While the 1994 Act was
supposed to promote balanced representation of men and women on electoral lists it merely led to
a minimum number of female candidates without specifying their position on the lists. The 2002
Acts, meanwhile, speak of equal representation of both sexes, but only stipulate an equal
presence of female and male candidates in the top positions on the lists.

The experiences of women in the Nordic and Scandinavian countries.

All Scandinavian countries have a common historic and cultural heritage of justice and equality
which can at least partly account for the larger than usual numbers of women in political office.
Since the real boom in women’s representation in Denmark, Finland, Norway and Sweden
occurred in the 1970s and in Iceland in the 1980s, way before the introduction of gender quotas,
women already comprised 20 to 30% seats in these Parliaments. Moreover, in the Nordic
countries electoral quotas have always been voluntary, never a legal requirement, and are only
used by some of the political parties at the centre and at the left.52

Percentage of Women in Scandinavian Parliaments

Sweden 42% (1998) 45% (2002) 46.4 % (2006)
Denmark 38% (2001) 38% (2007)
Norway 36% (2001) 39.6% (2009)
Finland 37% (1999) 40% (2007)

Why do the Scandinavian countries have such a high political representation of

women?

51
Ibid.
52
Gender, Governance and Democracy: Women in Politics, Isis Monograph Series 2005 Issue No. 1, Vol. 1.

29
 Socio-economic factors such as women’s labor force participation, women’s educational
level, and the development of the welfare system have a positive effect on women’s political
participation.
 Structural changes within these countries, such as secularization, the strength of social-
democratic parties and the development of an extended welfare state, and the electoral system
(PR).53
 Strategic factors are also seen as important, especially the various approaches employed by
women’s organizations to raise the level of female political representation.54
 The system of proportional representation (party list system) coupled with the early
development of the welfare system, women’s opportunity to study and gain employment, low
fertility levels and secular/protestant religious affiliation are of great importance in explaining
the high level of women in Parliament.
 The political parties have taken efforts in increasing women’s numerical representation
in the national legislature. Special measures for the nomination of women candidates are
adopted, such as recommended numbers of women on party lists or mandatory zipper systems
alternating every other place on the list between women and men. Political parties are
involved in a competition on women in Parliament, and in this competition they put forward
various strategies to increase the number of women parliamentarians.
 One of the reasons for the historically high women’s representation in the Scandinavian
countries is that women’s organizations have consistently asked the question: Who controls
the nomination process? Subsequently, they have demanded 50% women on the nominations
committees.
 The Scandinavian-style, comprehensive welfare state not only frees women from
household labor by “socializing” formerly housewife-dominated services, it also creates jobs
that are more likely to be filled by women. Working women value the government subsidies
of child care, elderly care, and school programs that free them from family responsibilities
and that make their work in the market place possible.

53
Dahlerup, Drude, Quotas are Changing the History of Women, Department of Political Science, Stockholm
University, Sweden, 2003.
54
Ibid.

30
Gender quotas being implemented by political parties
For many years Norway has been a world leader in terms of women’s representation. When it
comes to women’s representation in the National Parliament, Norway has been among the top ten
countries in the world for a quarter of a century. More than one-third of the representatives
elected to parliament in each of the past six Parliamentary elections have been female.
Furthermore, for more than 20 years, the cabinet has been at least 40 per cent female. For
instance, out of the seven major political parties in Norway, four have women as party leaders
and two have women parliamentary leaders. 55

In Argentina, women are required to make up a required percentage of each party’s nomination
list at Parliamentary, State and Municipal elections. The required percentage on the
Parliamentary list is 30, which has resulted in Argentina ranking 9th in the world in terms of
women’s representation in parliament. Today Argentina has been joined in this system by
Bolivia, Brazil, Costa Rica, the Dominican Republic, Ecuador, Peru, Panama and Venezuela in
requiring a fixed percentage of women candidates on each party’s nomination list. The figure
ranges from 40 per cent in Costa Rica to 20 per cent in Ecuador56.

Recommendations/Strategies to Promote and Expand Women’s

Participation in Politics
The Party and the Government play critical roles in implementation of gender balance in politics.
Therefore, there need be stronger commitment by the Party’s system and governing bodies at all
levels in implementation of CEDAW and Action Plan of the Beijing Platform. For that purpose,
the State should shape the following concrete strategies and measures in promoting women’s
participation in leadership and decision-making processes:

For the Government

55
www.iknowpolitics.org/en/node/8134
56
Rajepakse, Ruana , Specific quotas necessary in Sri Lanka to enhance women representation in electoral
politics, Feb 2010.

31
  Setting criteria for women’s proportion in the political party’s system, elected and
governance bodies at all levels;
 Setting criteria for rate of women’s proportion is essential in view of the current low rates.
 To ensure allocation of a minimum quota of 33% for women in Parliament, Provincial
Councils and at local government level, and 50% of those appointed from the National
List to the Parliament should be women.
 Gender issues should be given priority during the Constitution-making process
 Women’s Charter should be implemented.
 Strengthening working capacity of women cadres through offering opportunities of
training and assessing necessary information.
 Sourcing key women staff, especially paying attention to training capable young women
and prioritize them to proper leading positions.
 Developing flexible and non-patriarchal policies to encourage women’s participation in
training activities aiming at improving their working effectiveness and their participation
in leading.
 Intensifying monitoring and evaluation of implementation of the strategy and action plan
for advancement of women.
 Integrate gender perspectives in legislation, public policies, programmes and projects.
 Provide political education, capacity building workshops, and public speaking training for
women candidates.
 Developing and strengthening networks and relations among NGOs, women political
leaders and cooperation with the media.
 Take gender sensitive measures to ensure women’s equal access, and full participation in
power structures and decision-making.
 It is necessary to continue the introduction of gender courses in the system of school and
university education, to develop and implement educational programs on gender
education, and special educational programs for journalists on supporting women’s
leadership.
 It is necessary to promote wider cooperation of women’s councils in political parties and
women NGOs on issues of women’s political advancement.

For Non-governmental Organizations (NGOs)

32
  Boosting programmes to enhance gender awareness and gender equality in the community
with training activities for local leaders and communicators, organizing local group
discussions, communicating relevant contents via local broadcasting stations and other
mass media, distributing communication material to local community.
 Enhancing gender awareness and gender equality of local authorities.
 If quotas are to lead to the empowerment of women, elected women must have the
capacity to fulfill their new responsibilities; especially in a strong patriarchal society,
capacity building for women politicians is essential.
 Contributing to women’s empowerment through training activities on knowledge, leading
skills, holding workshops to share experience amongst women cadres.
 Strengthening gender policy advocacy.
 Forming a Regional and global network of NGOs on women’s political participation.

For Political parties

A democratic party is one which believes in and operates on principles of social justice, gender
equality and equity; a party which embraces the principle that women’s rights are human rights; a
party which allows for women and men to have equal rights and exercise their political and civic
rights; a party that provides structures to enable women and men to stand for elections within
their political structures; vote for those who stand for elections based on merit; it should empower
its various structures, such as women’s wings, to enable them to effectively participate in the
mainstream activities of the party without fear of intimidation.
 Political parties must begin promoting women and women candidates.
 Political parties should be encouraged to place women representatives in visible positions
of power within the party.
 Women’s forums within political parties must become more high-profile and influential.
 Politicians of both sexes should receive training at workshops on the importance of
female representation, non-discrimination, human rights and other related issues.
 Stronger networks need to be established between women politicians and grassroots civil
society organizations.
 Implement and enforce internal quotas within political parties.

33
  Create a women-friendly culture within political parties by promoting inclusive party
structures.
 Promote women in winnable seats.
 Create a dialogue between political parties and women’s movements.
 Elected officials, particularly women, must be sensitized to socio-economic and political
struggles at the local level.
 Lobby for a 33% quota for women in leadership positions of political parties at all levels
(political party law).

 Lobby for an electoral law that requires political parties to nominate at least 30% women
candidates, and have their names placed in alternate order with those of men in the top list
of candidates to ensure women’s inclusion.

 Urge deliberating the bill to include a specific clause mandating a quota of 33% for
women in the recruitment of candidates at all levels of party leadership
Important Recommendations in the Updated Women’s Manifesto, Prepared by
Several Women’s Groups in Sri Lanka and Published by the Social Scientists’
Association, 8th March 2010

Women, Peace and Security: Women have been both disproportionately and differently affected
by the 30-year conflict, but are invariably excluded from decision-making processes in relation to
peace building. As recommended in UNSC resolution 1325, a gendered approach to peace-
building, conflict transformation and reconstruction is essential in contexts of transition.
Manifesto recommends addressing the special needs of women and including women in decision-
making processes.

Special Needs of Women in Decision-making: Existing processes and structures have had
inadequate or no participation of women. In order to achieve this goal the Manifesto urges that
women are included in decision-making processes in relation to the humanitarian situation of the
displaced as well as reconstruction, resettlement, and in accountability processes as well as
discussions on human rights and power sharing arrangements. Gender-sensitive women should be
brought into policy-making and implementing mechanisms.

34
Politics: Women account for only 5.8% of Members in Parliament, 5% of Members in Provincial
Councils and 1.8% of Members in local government comprising Municipal Councils, Urban
Councils and Pradeshiya Sabhas.57 Women’s representation in local government in Sri Lanka is
among the lowest in the world, and the lowest in the entire South Asian region. Despite the
appalling statistics in Sri Lanka, policy makers continue to insist that there is a level playing field
and equal access to elected political bodies. In this context, the Manifesto recommends the
following:
1. a) A minimum 25% nominations for women in respect of 70% of seats elected on the basis of
the First Past the Post system from single member constituencies;
b) A minimum 30% nominations for women at Provincial Councils elections;
c) A minimum 30% quota of women in Parliament and 50% of those appointed to the National
List should be women.

2. Political parties should nominate a minimum of 30% women candidates at all levels in political
structures.

3. More women Ministers, Junior Ministers, and Cabinet Ministers, as well as Secretaries to
Ministries, Heads of institutions, and in the Judiciary.

4. Adequate training and other support for women candidates.

5. Voting rights for Sri Lankan migrant workers abroad (about one million people) – the great
majority of whom are women.

6. Gender-disaggregated data on nominations for elections.

7. Give women public servants the right to vote for the election of the Diyawadana Nilame and
similar posts - now restricted to male officers.

Supportive Measures58

57
Women’s Manifesto, Prepared by Several Women’s Groups in Sri Lanka and Published by the Social Scientists’
Association, 8th March 2010.
58
Women’s Manifesto, Social Scientists’ Association 8th March, 2010.

35
1. Sufficient resources and budget allocations for recommendations and reforms relating to
women and gender issues, and increased expenditure on women’s education and health.

2. Prioritization and setting up of a timeline for appropriate public and private bodies to meet
targets on all recommendations and reforms related to women.

3. A National Commission on Women to be set up as an independent body, with the power to

investigate complaints of discrimination, conduct educational programmes, engage in litigation,
as well as initiate and pursue research.

4. Ministry of Women’s Affairs: the further training of ministry officials in gender issues.

5. Gender Impact Assessment Committee in Department of National Planning to appraise how

policies and programmes affect women of all communities. Gender awareness and equity need to
be integrated into all levels of government policy planning and implementation, with Gender
Focal Points (persons trained in gender issues) in all ministries.

6. Gender-disaggregated Data: Gaps in economic and social statistics need to be filled, as the
contribution of women to the economy and households is undervalued.

7. Promotion of public consciousness on women’s issues, and implementation of the 1995

Beijing International Women’s Conference Platform for Action.

8. Support Women’s Studies, assertiveness training, and training in self-defense for women
through various institutions (educational / work / social and cultural).

9. An Ombudswoman to inquire into women’s on-going grievances and complaints.

10. Implementation of the Women’s Rights Bill or the drafting of a Bill on Women’s and Gender
Issues so as to ensure that Sri Lanka’s commitment to CEDAW (UN Convention on the
Elimination of Discrimination Against Women) can be operationalized through legal means.

36
References

Barbara Nelson and Najma Chaudhary, Women and Politics Worldwide. New Haven, Yale
University, 1994.

De Beauvoir, Simone. The Second Sex. London: Vintage, 1997

Fonseka, Dilrukshi. Gender Representation in the Peace Process, in Nivedini, Journal of Gender
Studies, Women’s Education and Research Centre 2006

Kodikara, Chulani The Struggle for Equal Political Representation of Women in Sri Lanka, A
Stocktaking Report for the Ministry of Child Development and Women’s Empowerment and the
United Nations Development Programme, October 2009.

Jayawardena, Kumari. Erasure of the Euro-Asian, recovering early radicalism and feminism in
South Asia, Social Scientists’ Association 2007

Jayawardena, Kishali and Chulani Kodikara, Women and Governance in Sri Lanka, International
Centre for Ethnic Studies 2003

Meier, Petra, Implementing Gender Quotas in Belgium: Legal Enforcement Lessons,

Department of Political Science, Vrije Universitie, Brussels, Belgium, 2005.

Pateman, Carole, The Disorder of Women; Democracy, Feminism, and Political Theory, Polity
Press, 1989.

37
Pateman, Carole, Democratizing Citizenship: Some Advantages of a Basic Income Politics &
Society, Vol. 32, No. 1, 89-105, University of California, 2004.

Sen, Amartya , Population and Gender Equity Journal of Public Health Policy, Vol. 22, No. 2,
169-174 Palgrave Macmillan Journals, 2001.

Thiruchandran, Selvi. The Politics of Gender and Women’s Agency in Post-Colonial Sri Lanka,
Women’s Education and Research Centre 1997.

Thiruchandran, Selvi. “The Politics of Practice and the Practice of Politics” in Nivedini, a
journal on gender studies, Women’s Education and Research Centre 1998.

Protection of Women’s rights through the laws and Constitution of

Sri Lanka.

By Sajeewani Abeykoon, LL.B. (Colombo), Attorney-at-Law

Introduction
Equality, justice and rule of law are also among the core values and principles of any democratic
political system. Ensuring equal rights for every citizen is also an important part of social justice.
In many of his writings, Indian economist Amartya Sen emphasizes that Gender equality is a
“necessary condition for sound human development.” In practice, it means “prohibition of
discrimination” and the adoption of “special measures in favour of women.” (Sen, Amartya 2001:
170) “UNESCO believes that all forms of discrimination on the basis of gender are violations of
human rights, and a significant barrier to peace, sustainable development and the achievement of
all internationally recognized development goals.”59 I agree with his idea of ‘right of equality
before the law’ which, in my view, is absolutely essential because it is a factor that has a key
influence on the shape of society and its character.

59
Priority Gender Equality Action Plan, UNESCO, 2008-2013

38
Equality is a matter of human rights and a condition for social justice. All citizens will be able to
exercise their civil, political and social rights only if there are equal laws. Equality before the law
and equal access to justice underpin the legitimacy and effectiveness not only of the legal system
but also of the entire society. The main purpose of any democratic legal system is protecting
rights and equality of all citizens. In order to serve this purpose, legal institutions must exercise
their powers in a fair and reasonable manner, for the benefit of all who access them. However it
is necessary here to examine the State formation of Sri Lanka and determine whether the process
is adequately gender-sensitized or not. Policies of appointment, perspectives, procedures and
regulations relevant to law are also dominated by patriarchal ideologies. Infrastructure facilities
are not favourable to protect women’s legal rights. Increasing the numbers of female
representatives and creating new laws against women’s subordination are not considered as
serious political matters.

For this study, “Inequalities against women in law and legal institutions” will not be confined
merely to women’s discrimination. In a much broader perspective, it will be considered as a
phenomenon which encompasses inequalities, discrimination, harassments, implicit gender bias
practices, gender insensitive laws and mechanisms, violence against women, incapability to
access necessary resources, and inability to make informed decisions due to lack of knowledge
about legal institutions, mechanisms and procedures. Women’s discrimination in Law and legal
institutions is an issue that has a negative impact not only on women’s rights, but also on the
overall development, efficiency, productivity, social order and stability of society. It also disrupts
key democratic values of equity, fundamental freedom and liberties.

One aspect of this study will focus on the contradiction between constitutionally guaranteed
women’s equal rights (de jure) and the ground level women’s legal inequalities (de facto) in Sri
Lankan legal institutions. Another important aspect will be a comparison between relevant
international standards and national laws. This paper also examines patterns and trends in
women’s legal status in Sri Lanka. The first part of this study explains relevant key concepts and
also reviews previous literature relevant to the topic. The Second part considers international
standards to protect Women’s Rights through law. This part mainly serves as foundational
knowledge on CEDAW. It principally aims at enhancing and deepening the understanding on
CEDAW, its coverage and potential. The next part is a comparative study of international
standards and existing laws in Sri Lanka relating to women. This is followed with an exploration

39
into comparative international experiences in promoting informed dialogues to formulate
strategies for protecting women’s rights. This is followed up with some Suggestions for
formulating recommendations and steps to be taken to promote gender equality through law in
Sri Lanka.

Relevant Key Concepts

There are certain key theoretical concepts that can provide a reliable basis to understand male-
dominant laws, legal procedures and mechanisms relating to women’s employment, divorce,
reproductive rights, rape, domestic violence and sexual harassment in the ground situation. The
following basic concepts will be useful in this context.

“Patriarchy”
The word ‘patriarchy’ can have different meanings to people. Patriarchy draws attention to the
“totality of oppression and exploitation” to which women are subjected. It thus denotes “political
rule by men over women” or, more broadly, “male-dominated society.” (Stanford Encyclopaedia)
“Our society . . . is a patriarchy. The fact is evident at once if one recalls that the military,
industry, technology, universities, science, political offices, finances in short, every
avenue of power within the society, including the coercive force of the society, is entirely
in male hands” (Millet, quoted in Hartmann: 211).

Officers working in legal institutions are not aliens, but part of our society at large. If there are
practices and traditions that create women’s subordination in our society, the related ‘patriarchal
attitudes’ and behaviours are most likely to influence even the officers working in legal
institutions.

“Women’s rights are Human Rights.”

Contrary to some narrow beliefs of sceptics who view women’s rights as ‘privileges’ or even
‘unfair advantages’ that women demand just because they are born female, women’s rights are
human rights. Every human being, whether man or woman, has Human Rights. It therefore
follows, beyond any scepticism, that ‘every woman has Human Rights.’ Hence, as a consequence

40
of the reproduction of women’s subordination by legal institutions, it is not just women’s rights,
but Human Rights that are violated in effect.

Sex and Gender

‘Sex’ refers only to the biological and physiological differences between men and women. Men
and women are not the same: they are not equal nor will they ever be, due to physical and
biological conditions. Gender, however, does not refer to the biological differences but to the
social and cultural structure that defines what it is to be a “man” and what it means to be a
“woman” in a given society and cultural setting. The definition of these roles, as defined by a
given community, results in a division of labour based on gender, i.e. based on differences
between men and women with respect to their problems, needs, priorities and proposals for
solutions, participation and access to productive resources and opportunities for development.
Gender justice
Feminist thinkers define “gender justice” as the ending of, and the provision of redress for,
inequalities between women and men that result in women's subordination to men. The
realization of 'Gender justice' means ensuring that “women have equal access to and control over
resources, as well as the ability to make choices.” Essentially this means an individual’s “ability
to take a decision based on one’s own rationality” and choice, free from any external pressure,
threat or ‘conditioned preference.’60 The idea is especially useful to understand in what capacity
and freedom women exercise their rights. In Sri Lanka, most women lack sufficient economical
and social empowerment, and are too dependent on males. As a consequence, a majority of
women who are victims of sexual violence are unable to make their own decisions about taking
legal action against ‘male perpetrators.’

Gender Equality
Gender equality does not necessarily mean simply equal numbers of men and women or boys and
girls in all activities, nor does it necessarily mean treating men and women or boys and girls the
same. It signifies an aspiration to work towards a society in which neither women nor men suffer
from poverty in its many forms, and in which women and men are able to live equally fulfilling

60
UN Report of the Inter-Agency Workshop on Implementing a Human Rights Approach in the Context of UN
Reform, 2001

41
lives. It means recognising that men and women often have different needs and priorities, face
different constraints, have different aspirations and contribute to development in different ways.
Gender equality and women’s empowerment are inextricably linked. Women will only win
equality when they are able to act on their own behalf, with a strong voice to ensure that their
views are heard and taken into account. This means recognising the right of women to define the
objectives of development for themselves.

The Empowerment of Women

The United Nations Development Fund for Women (UNIFEM) includes the following factors in
its definition of women’s empowerment: acquiring understanding of gender relations and the
ways in which these relations can be changed, developing a sense of self-worth, a belief in one’s
ability to secure desired changes and the right to control one’s own life, gaining the ability to
generate choices and exercise bargaining power, developing the ability to organise and influence
the direction of social change to create a more just social and economic order, nationally and
internationally.

Gender Mainstreaming
Gender Mainstreaming is the term adopted by the 1995 Fourth World Conference on Women in
Beijing to designate the methods and institutional arrangements for achieving gender equality.
Gender mainstreaming goes beyond accounting for gender considerations in programs. Rather
than regarding gender issues as special interests to be taken up separately, gender mainstreaming
is an approach that treats gender as a critical consideration in policy formulation, planning,
evaluation and decision-making. UNESCO’s gender mainstreaming approach also ensures that
women and men benefit equally from programme and policy support.

Legal Citizenship
The notion of “legal citizenship” encapsulates the view that all people are ‘equal before the law’
and have a right to ‘access to justice.’ (Roy, Anupama 2005:28) The rights to ‘equality before
the law’ and ‘equality between men and women’ are guaranteed to every person, male and
female, by Article 12(1), 12(2) of the Sri Lankan Constitution, and Article 14 of the Indian
Constitution. Both countries accept the special provision of affirmative action for women.

42
Additionally, Article 16 of the Indian Constitution provides equality of opportunity for men and
women in matters of public employment.

More broadly, Section 9, entitled "Equality," of the South African constitution says: "The State
may not unfairly discriminate directly or indirectly against anyone on one or more grounds,
including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual
orientation, age, disability, religion, conscience, belief, culture, language and birth."

Feminist Critiques of Law

“Law is politics, the legal system is used to maintain and continue the established power relations
of society.” Law, according to radical feminist ideas, is “an instrument for oppression used by the
wealthy and the powerful to maintain their place in the hierarchy.” (MacKinnon, Catharine,
1989:158) We can therefore assume that laws and regulations prevailing in our society which
reproduce women’s subordination are used as a tool to maintain male-dominant power relations.

“Personal is Political”
The slogan that the ‘personal is political’ was a protest against sexual injustice, and a challenge to
the main obstacles feminists had encountered in removing it. It was a protest against the violence,
exploitation and humiliation that characterized so much of women’s lives not only in the
workplace, or as members of political organizations and movements, but in the home and, more
broadly, in their sexual and domestic relations with men. This implies not only that women are
victims of injustice, but also that these injustices have political causes, consequences and
remedies, and should be treated as such.

Legal Realism
Judicial decisions depend largely on the “predilections and social situation of the judge.” This
leads us to understand that even judicial interpretations and decisions are likely to be influenced
by the existing patriarchal attitudes and social context.

Distinction between de facto and de jure equality

Though there is a constitution ensuring de jure equality, in reality, are women’s rights
guaranteed? In many instances of a woman’s daily life, discrimination is seen. By the recognition

43
of de facto discrimination, it is acknowledged that although women might enjoy equality in
theory, the old traditions of discrimination still persist.

The Budget as an Instrument of Women’s Rights

Public funds are collectively generated and citizens have a right to claim these resources. Inequity
in the allocation of resources represents a denial of rights to some sections of the population.
Gender responsive budgets provide a mechanism for reducing the disparities that exist between
men and women.

Previous literature review

In addition to reviewing relevant previous literature available in Sri Lanka, I have also researched
some relevant foreign literature. However, in this literature survey, I review some key writings
that are relevant to this research paper. I do not intend to review the entire literature, but will only
discuss ideas, which are directly relevant to this study.

In one of her writings, Savitri Gunasekere emphasizes that:

“In the legal system there is a separation between the ‘rights-oriented view’ between laws
which regulate public life and civic rights. Legislation on issues such as property,
inheritance and marriage circumscribe the status of women in the domestic scene.”61
(Goonesekere, 1989)

Goonesekere further notes that “intersectionality of race and gender when violence against
women is manifested in double discrimination based on race and ethnicity” (Goonesekere, 2004:
198). She also writes that “the legal system has failed to protect women’s against violence. There
is, nevertheless, recognition of the fact that the law and effective law enforcement machineries
can serve as serious deterrents to violence.” However, she further explains that “Law and legal
controls are often manipulated against women. They are not used effectively to realize the human
rights standards guaranteed to women by domestic constitution and laws, and the international
human rights treaties.” (Goonesekere, 2004: 199)

44
Radhika Coomaraswamy points out that various Feminists respond differently to the equation of
women with culture. Feminists who criticize cultural relativism argue that “most of the traditional
laws violate women’s equal rights,” and that “official, institutional, systematic and widespread
discrimination are violations of international Human Rights.” (Thiruchandran, Selvy & Neloufer
De Mel, 2007: 115, 116)

An article by the Sri Lankan Feminist Shyamala Gomez titled “Theory and Practices
Implementing New Law against Domestic Violence” focuses on the restrictions and loopholes
found in the Prevention of Domestic Violence act No. 34 of 2005. Gomez illustrates this with
specific findings about “Lack of awareness in the judiciary, lawyers and police officers.” She
further notes that “the state has not set up any shelters, counselling and supervisory mechanisms
to protect victimized women,” and that “Domestic violence is a non issue to Magistrates who
have to deal with the day-to-day workload of criminal cases.” (Uyangoda, 2008:208-211) As a
result of these practical situations and gender-insensitive laws, women’s subordination is
reproduced continually within our legal institutions.

British feminist and political theorist Carole Pateman observes,

“Gender justice requires every dimension of justice to incorporate gender perspectives. It
rests upon the full participation of women in shaping legal institutions that promote their
rights, equality and inclusion.” (Pateman, Carole 1989: 33) Equality, according to
Pateman, means that “all people must have equal political, economic, and social access in
order for each person to be able to participate equally in society.”

Feminist Emily Jackson refers to critical legal theorist Catharine MacKinnon’s view that the
Liberal State is not “gender sensitive.” This is further explained thus:

“The liberal state works on the assumption of gender equality. But this equality is based
on a male conception of gender in which male interests are served. Legal systems are also
designed predominantly to serve male interests. Gender-insensitive males occupy a
majority of positions at the decision-making level in legal institutions.” (Jackson, Emily
1992: 195-205)

45
The law, according to MacKinnon,
“sees and treats women the way men see and treat women.” It ensures “male control
over female. As the product of a male-oriented view of the world and a male-dominated
state, the law systematically victimizes and discriminates against women.” (Jackson,
Emily 1992: 195-205)

This leads us to understand that even judicial interpretations and decisions are likely to be
influenced by the existing patriarchal attitudes and social context. In Sri Lanka too, although the
rights of equality before the law and access to justice are accepted as theories (formally), these
rights are not realized in an effective and fair manner in practice (substantively), owing to
‘patriarchal, male dominant’ interpretation and attitudes.
Discrimination against women still prevails in many forms within our society at large.
Behaviours such as violence, sexual harassment, Sexual favours, harmful cultural traditions and
myths are commonly used as tools for subordination of women. Since law-makers and officers in
legal institutions are not aliens but part of our society, these patriarchal tools continue to operate
within every institution including the legal institutions.

According to an article written by Radhika Coomaraswamy titled “Violence against women,”

domination over and discrimination against women by men are consequences of “historically
unequal power relations between men and women.” She explains that this creates “one of the
crucial social mechanisms by which women are forced into a subordinate position.”
(Coomaraswamy, 2008: 86) This idea enables us to understand how women’s roles are
historically maintained in our legal system. Traditional customs, narrow religious, ethnic and
cultural practices are still maintained within our legal institutions, and women’s equal rights
continue to be violated despite the existence of legislation guaranteeing these rights.

Advocates of “cultural relativism” challenge the “universality” of women’s rights. Their firm
belief is that the personality of a human being can only develop in terms of culture. Yet, in direct
opposition, those who follow ‘universalist ideologies’ argue that all human beings have ‘innate
and essential qualities’ and that their equality must be protected under the law.

However, Radhika Coomaraswamy points out,

46
 “If Women’s Rights are placed in the greater praxis of the struggle for equality and social
justice at the global level; one cannot underestimate the importance of local traditions.”
(Coomaraswamy 2007: 115,116)

In her article titled “A Rights-based Approach to Realizing Gender Equality” Savitri

Goonesekere mainly discusses the concept of ‘competing rights.’ In other words, gender-equality
rights compete for recognition with a number of other, equally valid, human rights. (Human
rights of women vs. other claims) Freedom of conscience, religion and the right to manifest
religious beliefs in practice and observance, and cultural rights may foster particularities that
challenge the universality of human rights, and purport to limit equal rights. Conflicts between
women's human rights and religious rights illustrate the philosophical, legal and political
difficulties of reconciling competing human rights values. The right to religious freedom, custom
or religion may therefore have to be interpreted not absolutely, but so as to strike a balance, and
achieve the norms of gender justice.

Goonesekere notes that ‘allocation of resources’ and ‘Human Rights Education’ are essential
requirements for ‘realizing gender equality.’ Strengthening the process of implementing gender
equality rights through international complaints procedures, national laws and a Court system is
clearly relevant for a ‘rights-based approach’. A rights-based approach also requires the
development of human rights action plans and strategies covering all areas of national
development, as well as the allocation of human and financial resources. The rights contained in
the CEDAW Convention require policy measures and resources beyond laws and legal
procedures for full implementation. “Human rights education and gender-sensitization at all
levels is also a critical dimension of a rights-based approach. It is important that gender-
sensitization programmes are linked to human rights education.”

Amara P. Ratnayake, Minister of Women’s Affairs, Sri Lanka, stated in 2002 that “The setting up
of institutional mechanisms alone cannot guarantee the promotion and protection of women’s
human rights; gender awareness, gender-responsiveness, the commitment of society and the

47
Government and non-government bodies towards gender justice is indispensable for the success
of this enormous task.”62

International Standards to Protect Women’s Rights through Law

Women's human rights are enumerated by treaties, conventions, resolutions, declarations and
guidelines, promulgated by either the United Nations or a Regional human rights body. Treaties,
once formally adopted by national governments, create legally binding obligations for those
governments. Every state which has ratified a human rights treaty must ensure that the human
rights of its citizens are protected – meaning the government commits to both avoid and prohibit
actions that violate human rights and also to undertake positive steps to ensure that such
violations do not take place. Under international law, specific enforcement bodies, usually
specialized agencies, committees or special rapporteurs, monitor a nation's human rights
situation. These bodies also review reports and complaints about human rights violations,
generally submitted by non-governmental organizations (NGOs) but also sometimes by
individuals.

The United Nations Charter and Universal Declaration of Human Rights recognized the
importance of protecting human rights and have since given definition and effect to this
commitment. Thereafter, the two main Human Rights Instruments signed in 1966, the
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR), prohibited discrimination on the basis of sex.
International Covenant on Civil and Political Rights (ICCPR)
Article 2 – States undertake to ensure to all within their territory the rights recognized in the
covenant “without distinction of any kind”
Article 23- States Parties to the present Covenant shall take appropriate steps to ensure
equality of rights and responsibilities of spouses as to marriage, during marriage and at its
dissolution.

International Covenant on Economic, Social, and Cultural Rights (ICESCR)

62
UNIFEM South Asia Regional Office in collaboration with the Ministry of Women’s Affairs, Government of Sri
Lanka organized a Regional Consultation on 12-14 September 2002 in Kalutara, Sri Lanka.

48
 Article 3- The States Parties to the present Covenant undertake to ensure the equal right of
men and women to the enjoyment of all economic, social and cultural rights set forth in the
present Covenant.

Convention on the Elimination of All forms of Discrimination against Women

(CEDAW) was adopted by the United Nations in 1979 and entered into force in 1981. Sri Lanka
was one of the first countries in South Asia to ratify CEDAW soon after it came into force.
CEDAW is the most comprehensive women’s rights treaty in the world, acknowledging the
political, civil, economic, cultural, and social rights of women. The treaty creates international
gender equality standards, to which 186 countries have agreed, excluding the United States of
America, Iran, Nauru, Palau, Somalia, Sudan, and Tonga.

As the principal treaty on women's human rights, CEDAW is relevant to all work on women's
rights, ranging from policy and law on the one hand to field-based programming on the other. It
has been described as an international ‘bill of rights’ for women as it sets out detailed information
which helps to recognize discrimination against women and the measures that have to be taken
in order to eliminate such discrimination.63 The primary goal of the Convention is to eliminate
discrimination against women and girls and to promote the rule of law and respect for human
rights throughout the world.

CEDAW goes beyond a statement of non-discrimination by enunciating the principles in the

context of specific groups of women or specific circumstances in which women are more
vulnerable to denial of rights. The Convention promotes a substantive model of equality such as
provision of equal opportunities. Equality must be secured by laws. But the enforcement of law
must be supported by institutional mechanisms and programmes to achieve de facto equality. The
Convention demands ‘affirmative action’ to enable women to overcome historical barriers.

Timeline: Developments in the UN Declarations Relating to Women’s Rights

Year Name of the International Instrument Year of Ratification by

Sri Lanka
1950 Convention for the Suppression of the Traffic in 1958

63
Towards Substantive Equality, An Introductory Guide, Law & Society Trust, 2001

49
 Persons and of the Exploitation of the Prostitution
of Others
1951 ILO Convention on Equal Remuneration 1993

1952 Convention on Political Rights of Women Not Ratified

1957 Supplementary Convention on the Abolition of 1958

Slavery
1957 Convention on the Nationality of Married 30 May 1958
Women
1962 Convention on Consent to Marriage, Minimum 1962
Age of Marriage and Registration of Marriage
1974 Declaration on the Protection of Women and
Children in Emergency and Armed Conflict
1979 Adoption of Convention on Elimination of All 5th October 1981
Forms of Discrimination Against Women
1981 CEDAW comes into force
2000 Optional Protocol to CEDAW 15th Oct 2002

The CEDAW Convention is based on a framework that draws on three core principles:

The Principle of ‘Substantive Equality’

CEDAW adopts a ‘substantive model of equality.’ The objective of equality according to

CEDAW is to deliver outcomes that ensure ‘equality of opportunity’ (law, policy,
programmes), ‘equality of access’ and ‘equality of results.’ First, the Convention stresses the
importance of ‘equality of opportunity’ in terms of women’s entitlements on equal terms with
men to the resources of a country. This has to be secured by a framework of laws and policies,
and supported by institutions and mechanisms for their operation. Secondly, even if equal
protection and respect for all the human rights of women are guaranteed by policies and laws,
States must ensure that there are no obstacles barring women from enjoying and fulfilling their
rights. Thus, ‘access to equality of opportunity’ is another important element of equality. Thirdly,
the CEDAW Convention goes even beyond this, emphasizing that the measure of a State’s action
to secure the human rights of women and men needs to ensure ‘equality of results’. The
Convention requires states to ensure ‘equality of outcomes’, thereby imposing an obligation upon
the state to demonstrate results. In other words, the Convention is more concerned with ‘equal
access and equal benefits’ rather than ‘equal treatment.’

50
Substantive provisions of the Convention are: modifying social and cultural patterns,
suppressing the exploitation of women, equality in political and public life at the national level,
equality in political and public life at the international level, equality in national laws, equality in
education, equality in employment and labour rights, equality in access to health facilities,
finance and social security, equal participation of rural women in rural development, equality in
legal and civil matters, and equality in family law.64

The Principle of ‘Non-discrimination’

Discrimination is prohibited in more than one human rights treaty. The International Covenant on
Civil and Political Rights (ICCPR) prohibits differentiation in the guarantee of rights to
individuals on the basis of race, colour, sex or language. The CEDAW Convention requires us to
understand discrimination in its broadest sense. It seeks recognition for those types of
discrimination that are not so obvious or direct. It points out, for instance, that in areas where
women are significantly disadvantaged, applying a neutral rule providing for equality of access
for women and men may result in discrimination. According to the spirit of the Convention, the
elimination of all forms of discrimination against women is necessary to ensure substantive (real)
equality between men and women.

Article 1 of CEDAW
“For the purpose of the present Convention the term ‘discrimination against women’ shall
mean any distinction, exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and women, of human rights
and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

Article 4 of the CEDAW makes positive or 'corrective' discrimination an important aspect for
eliminating discrimination and “General Recommendation 19” extends its scope to include
gender-specific forms of violence.

The arena of discrimination for the purposes of CEDAW is not limited to the public sphere of life
(that which relates directly to the State and its agents). It covers actions in the "political,
economic, social, cultural, civil or any other field.” It covers actions of private actors ranging
64
http://www.un.org/womenwatch/daw/cedaw/

51
from individuals to business corporations, the family and the community. It covers the written
law, the socio-cultural assumptions about women and the norms they are subjected to. CEDAW
covers indirect discrimination that results from apparently neutral conditions or requirements that
have a discriminatory effect on women even though unintended. It aims to target discrimination
regardless of its location or origin. To ensure that the coverage is wide enough, Article 1 extends
its application to "any other field."

State Obligation under CEDAW

The nature of State parties’ obligation under CEDAW is immediate. State parties must recognize
discrimination in de jure/de facto and direct/indirect situations, and promote equality of
opportunity, access and results. Legal measures and polices must be formulated to prohibit all
forms of discrimination. The national machinery responsible for mainstreaming gender equality
should have wide ranging powers and adequate resources. All countries have voluntarily signed
the Convention and reporting is a legal obligation to protect and promote the human rights of
women. In addition, according to Clause 24, all States Parties are formally obliged to take
appropriate measures nationally, to fulfill the women’s rights to incorporate the principle of
equality of men and women in the legal system, abolish all discriminatory laws and adopt
appropriate ones prohibiting discrimination against women; to establish tribunals and other public
institutions to ensure the effective protection of women against discrimination; and to ensure
elimination of all acts of discrimination against women by persons, organizations or enterprises.

Specific features of CEDAW are:

■ A comprehensive and holistic agenda for implementing women’s human rights based on
the principle of gender equality
■ An emphasis on equality in legislation and policy, linking civil and political rights with
economic and social rights.
■ Recognition of a distinction between de facto and de jure equality, and emphasizing that the
obligation is to achieve both.
■An acknowledgement that social and cultural patterns often discriminate women, and must
be eliminated.

52
 ■Rejection of a distinction between public and private spheres for the purpose of
discrimination.
■ Dealing with power relations between men and women at all levels.

How Is the Implementation of CEDAW Monitored?

The Committee on the Elimination of Discrimination against Women is the instrument that
monitors States’ progress in the implementation of the Convention. States have to report
regularly to the Committee on their progress towards meeting the standards set by the
Convention. Established in 1982, the Committee monitors the national measures taken by States
to comply with CEDAW and reviews their performance in implementing the Convention. It also
makes recommendations on how the Convention could be further implemented. Some countries
do not address major issues of concern, but the Committee has other methods of collecting their
own information. Shadow reports produced by local NGOs are considered seriously by the
Committee, which is very aware that NGO sources are invaluable and data supplied by them is
compared with the State report.

How Is the CEDAW Implemented within National Law?

Some countries in the South Asian Region such as Nepal have a Treaty Act (1990) that adopts a
monist approach to international law, recognizing that a treaty is incorporated into the domestic
legal system, when the country becomes a State Party to the instrument. However, most other
countries including India, Sri Lanka, Pakistan and Bangladesh follow the dualist approach of the
English Common Law. This means that they require national incorporation of the treaty or its
provisions into the domestic legal system. In these dualist legal systems, treaties cannot be used
in legal interpretation without such local incorporation. Incorporation can be either by specific
constitutional provisions, or specific legislation i.e. acts of parliament.65

Optional Protocol to the CEDAW

The Optional Protocol (OP) is procedural law, which State parties can ratify as an enforcement
mechanism to CEDAW. Adopted in December 2000, the Optional Protocol allows the
Committee to receive complaints by women or groups of women through a special

65
Country Shadow Report of Centre for Women’s Research (CENWOR), 2006

53
communications procedure. It is possible for others to petition on behalf of the victims, usually
with their consent, and in limited circumstances without the victim’s consent. This allows the
Committee to function like a human rights court with regard to the implementation of the
Convention. It also gives the Committee power to launch inquiries into grave and systematic
violations of women’s rights on its own initiative.

Some important UN General Recommendations to the CEDAW convention

General Recommendation No. 5, 1988 -Temporary Special Measures

Recalling article 4.1 of the CEDAW, this recommends that States Parties make more use of
temporary special measures such as positive action, preferential treatment or quota systems to
advance women's integration into education, the economy, politics and employment.
General Recommendation No. 6, 1988 - Effective National Machinery and Publicity

This recommends that States parties: Establish and/or strengthen effective national machinery,
institutions and procedures, at a high level of Government, and with adequate resources,
commitment and authority to, advise on the impact on women of all government policies,
monitor the situation of women comprehensively, help formulate new policies and effectively
carry out strategies and measures to eliminate discrimination.

General Recommendation No. 13, 1989-Equal Remuneration for Work of Equal Value

Recalling International Labour Organization Convention No. 100 concerning Equal

Remuneration for Men and Women Workers for Work of Equal Value, this recommends to the
States parties that they should consider the study, development and adoption of job evaluation
systems based on gender-neutral criteria. The State should ensure the application of the principle
of equal remuneration for work of equal value.

General Recommendation No. 19, 1992

The CEDAW Committee recognizes Gender-based violence as a form of discrimination that
seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men.
Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and
fundamental freedoms under general international law or under human rights conventions, is

54
discrimination within the meaning of article 1 of the Convention. The Committee suggested to
States parties that in reviewing their laws and policies.

The UN Declaration on Violence against Women in 1993

In the Declaration, violence against women is defined as “any act of gender-based violence that
results in, or is likely to result in physical, sexual or physiological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in
public or in private life.”
The Declaration calls upon the state to: enact appropriate laws and procedures to give women
redress, develop national plans to eradicate violence against women, train judges, lawyers and
policeman on problems of violence against women, establish assistance and counseling centers
for victims, construct curriculum to eliminate prejudices which may result in violence against
women.
Beijing Declaration and Platform 1995

The Beijing Declaration and Platform for Action, approved in September 1995 at the Fourth
World Conference on Women, is a global commitment to achieving equality, development, and
peace for women worldwide. The Platform for Action is an agenda for women's empowerment. It
aims at removing all the obstacles to women's active participation in all spheres of public and
private life through a full and equal share in economic, social, cultural and political decision-
making at home, in the workplace and in the wider national and international communities.

To achieve equality, the Platform for Action emphasizes the need for women to work together
and in partnership with men towards the common goal of gender equity worldwide. The Platform
for Action reaffirms the fundamental principle set forth in the Vienna Declaration and
Programme of Action, adopted by the World Conference on Human Rights, that the human
rights of women and of the girl child are an inalienable, integral and indivisible part of universal
human rights.66

The Beijing Platform focuses on 12 "critical areas of concern" that must be addressed to achieve
gender equality and women's empowerment:

66
www.un.org/womenwatch/daw/beijing/platform

55
  The persistent and increasing burden of poverty on women
 Inequalities and inadequacies in and unequal access to education and training
 Inequalities and inadequacies in and unequal access to health care and related services,
 Violence against women
 The effects of armed or other kinds of conflict on women, including those living under
foreign occupation,
 Inequality in economic structures and policies, in all forms of productive activities and in
access to resources
 Inequality between men and women in the sharing of power and decision-making at all
levels,
 Insufficient mechanisms at all levels to promote the advancement of women
 Lack of respect for and inadequate promotion and protection of the human rights of
women,
 Stereotyping of women and inequality in women's access to and participation in all
communication systems, especially in the media
 Gender inequalities in the management of natural resources and in the safeguarding of the
environment
 Persistent discrimination against and violation of the rights of the girl child.

To address each of the above concerns, specific strategic objectives were identified along with
actions to be implemented by governments, financial and development institutions such as the
World Bank, national and international NGOs and women's groups, and the private sector. The
Beijing Declaration and Platform for Action was approved unanimously by representatives from
189 countries attending the Forth World Conference on Women, held during the 50th anniversary
year of the founding of the United Nations.

The 1998 Rome Statute of the International Criminal Court categorizes systematic
rape as a war crime and a crime against humanity and, in certain circumstances, even as an act of
genocide. In 1993 and 1994, rape and sexual violence were specifically codified for the first time
as a recognizable and independent crime within the statutes of the International Criminal

56
Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR). These two historic
international instruments are now the foundation upon which crimes of rape and sexual violence
are punished. However none of the countries of South Asia have become parties to the ICC.

UN Security Council Resolution 1325 (2000) on Women, Peace and Security

In 2000, the Security Council adopted the landmark Resolution 1325, the first resolution ever
passed by the Security Council that specifically addresses the impact of war on women, and
women’s contributions to conflict resolution and sustainable peace. It is binding upon all UN
Member States and the adoption of the Resolution marked an important international political
recognition that women and gender are relevant to international peace and security. Resolution
1325 provides women all over the world with a tool to increase their involvement in conflict
prevention, conflict resolution and peace building. It asks governments and the United Nations to
include more women in decision-making and fieldwork and explicitly invites the expertise of
civil society organizations.67

The Resolution includes a number of requests for action to the United Nations in general, the
Security Council and its member states in particular, as well as to parties to armed conflict. These
requests can be summarized as follows:
 The number of women working on all levels of decision-making in national, regional and
international institutions as well as in the field must be increased.
 A gender perspective must be included into conflict prevention, conflict resolution and
post conflict reconstruction; peacekeeping personnel have to be trained accordingly,
 All parties to armed conflict must respect existing international laws protecting women
and girls especially from gender based violence.
 Where violations have been committed, states have to end impunity.
 The civilian and humanitarian character of refugee camps and settlements must be
respected by all parties to armed conflict.

67
Backgrounder Security Council Resolution 1325 on Women, Peace and Security, Sabine Hub, University of
British Colombia, 2004

57
  The different needs of women must be considered when planning refugee camps, dealing
with ex-combatants and taking measures like sanctions which affect the general
population.
 The Secretary-General is asked to carry out a study on the matter and to report on its
results as well as to include progress on gender mainstreaming in his reporting to the
Security Council. 68

United Nations Security Council Resolution 1820 (2008) Addresses Sexual Violence
as a Threat to International Peace and Security; Complements Resolution 1325

On 19 June 2008, the Security Council held an open debate on “Women, Peace and Security:
Sexual Violence in Situations of Armed Conflict,” and unanimously adopted the ground-breaking
Resolution 1820, which recognizes that the use of sexual violence as a tactic of warfare is a
matter of international peace and security. 69 The Resolution states that widespread and systematic
sexual violence can exacerbate armed conflict, can pose a threat to the restoration of international
peace and security and has an impact on durable peace, reconciliation and development. Sexual
violence not only causes grave physical, psychological and health problems for its victims, but
also has direct social consequences for communities and entire societies.

The Resolution reaffirms the political commitment of the Security Council to protect women and
girls from sexual violence in conflict by demanding the “immediate and complete cessation by all
parties to armed conflict of all acts of sexual violence against civilians.” Through this landmark
resolution, the Council reinforces and complements its Resolution 1325 on Women, Peace and
Security, which urged all actors to increase the participation of women and incorporate a gender
perspective in all United Nations peace and security efforts. It also called on all parties to conflict
to take special measures to protect women and girls from gender-based violence in situations of
armed conflict. The Resolution stresses that successfully combating this “silent war against
women and girls” requires strong leadership, comprehensive strategies and the involvement of a
wide range of actors, from the UN and national governments to non-governmental organizations
(NGOs) and the victims themselves.

68
Backgrounder Security Council Resolution 1325 on Women, Peace and Security, Sabine Hub, University of
British Colombia, 2004
69
United Nation Information Service

58
SAARC Convention on Preventing and Combating Trafficking in Women and
Children for Prostitution
The scope of the Convention is the further strengthening of existing arrangements on the
protection of rights of women and children in South Asia, and bringing to an end the illegal
smuggling of women and children as well as prostitution in this region, to promote cooperation
amongst Member States to effectively deal with various aspects of prevention, interdiction and
suppression of trafficking in women and children, repatriation and rehabilitation of victims of
trafficking and preventing the use of women and children in international prostitution networks,
particularly where the SAARC Member Countries are the countries of origin, transit and
destination.

Comparative Study of International Standards and Existing Laws in

Sri Lanka Relating to Women.
Even before the constitutional provision (1978) of equal rights without discrimination on the
grounds of sex and the ratification of the United Nations Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) in 1981, universal franchise, equal rights to
contest elections in 1931, and equal access to free education and health services in the 1940s had
already contributed to gender equality in some spheres of life. Sri Lanka has become a signatory
to the Vienna Declaration regarding the prevention of violence against women, in 1993. Sri
Lanka has contributed to the Beijing declaration in 1995 and the action plan. Accordingly, under
International Law, the Sri Lankan Government is morally and legally bound to ‘respect, protect
and fulfil equal rights of women’ as well as to ‘eliminate all forms of discrimination against
women’.70 In 1993, the Sri Lankan government brought the Women's Character as its state policy
on women. The Charter contains a series of clauses which sets the standards for the rights of the
Sri Lankan woman. However this declaration is merely a policy statement which has no legal
effect. In 1993 the National Committee on Women comprising 15 experts was established to
promote and monitor provisions in the Women’s Charter while a Gender Complaints Center was
added to this structure in 1999.

70
Article 27(15) “The State shall promote international peace, security and co-operation, and the establishment of a
just and equitable international economic and social order, and shall endeavour to foster respect for international law
and treaty obligations in dealings among nations.”

59
CEDAW calls for equality of outcome rather than simply equality of opportunity. Thus it is not
sufficient that anti-discrimination laws are put in place; the State has the obligation to take all
necessary steps to ensure that women actually enjoy equality in their daily lives. CEDAW
defines discrimination and the range of steps that States must take to eliminate it, provides for
women’s rights in specific areas, and makes provisions for ratification, monitoring, reporting and
other procedural matters. By ratifying CEDAW, the Sri Lankan State undertook to realize its
Constitutional principle of gender equality in harmony with the international standards set by this
Treaty.

India, for instance, has entered a declaration on the application of Article 16 of CEDAW on
family relations, in the context of its personal laws. Other countries such as Pakistan, Maldives
and Bangladesh have entered reservations on various articles. Sri Lanka and Nepal have ratified
CEDAW without reservations or declarations.71

Domestic Violence legislation in Sri Lanka has been introduced so as to harmonize with the
standards of CEDAW and the UN Declaration on Violence against Women. Sri Lanka’s
Domestic Violence Act of 2005, Penal Code Amendments on offences including rape and
trafficking (1995) and Citizenship Amendment Act (2003) are examples of incorporation of
CEDAW standards by legislation.72

In the chapter on ‘Fundamental Rights,’ the Sri Lankan Constitution guarantees that:
“All persons are equal before the law and are entitled to the equal protection of the law’
and also that Article 12(2) of the 1978 constitution of Sri Lanka provides that "no citizen
will be discriminated against on the grounds of sex…...” 73

Article 12(4) states that "nothing in this Article will prevent special provision being made
by law, subordinate legislation or executive action for the advancement of women,
children or disabled persons" 74

71
CEDAW a Manual, CENWOR 2006
72
Sri Lanka Country Profile, Country Specific ARSH Information, UNESCO, Bangkok.
73
12(1), 12 (2) and 12(4) of Chapter 3, Constitution of Sri Lanka1978
74
12(4) of Chapter 3, Constitution of Sri Lanka 1978

60
In addition to protection of “equality before the law” as a Fundamental Right, it is further
recognized through principles of State policy, as follows:

“Assuring an equitable and justifiable legal system as well as equal and unrestrained
access to all who seek redress of the law” are recognized as fundamental principles of
State policy in Sri Lanka. As a directive principle of State policy, the Constitution also
guarantees that “no citizen will suffer any disability on the ground of sex,” among other
factors.75

In this manner, our Constitution assures protection of women’s equal rights, prevention of
discrimination and provides necessary power to take special steps to promote women’s rights.
However, both the prior research work discussed above (previous literature review) and the
details of my preliminary survey indicate that the ground situation in legal institutions is very
different from what is guaranteed by the written assurances.

The obstacles faced by women in the legal environment occur at three levels:
 Laws - discriminatory laws pertaining to property ownership or non-implementation of anti-
violence legislation
 Legal systems - information requirements or evidence procedures that make access to justice
inaccessible; and
 Cultural attitudes - male bias exhibited by Judges, lawyers and Court officials.

Women’s rights are seriously challenged and often violated in our legal system, as a result of
accommodating religious and ethnic differences. As examples Muslim personal laws relating to
marriage, family, custody of children, inheritance rights and even rights to practice their own
religion all clearly violate women’s equal rights. Furthermore, women face different kinds of
subordination practices and injustices within the Sri Lankan legal system depending on regional,
economic and class disparities.

Issues related to family law including divorce, child custody and inheritance are adjudicated by
the customary law of each ethnic or religious group. The General Law (a combination of Roman-

75
27(6) of Chapter 6, Constitution of Sri Lanka 1978

61
Dutch and English law) is predominant, but three parallel systems of law may also apply: Islamic,
Kandyan and Thesavalamai law are all grounded in ancient customary practices and/or religions.
These traditional laws govern the women within the family and they are not given equal
treatment when compared with men. Widows who are governed under Kandyan law are not given
equal rights when compared to other men and women who are governed under other laws.

Women who are governed by Thesawalamai law have to obtain the permission of their husbands
to transfer their properties to others.76 In 1995, the minimum age of marriage was raised to 18.
However, the marriage age for Muslims is governed by the Muslim Marriage and Divorce Act,
allowing for a girl to marry as young as 12 without the permission of a Quazi, and younger with
the Quazi’s permission after any such inquiry as he may deem necessary. 77 These inequalities
cannot be eliminated from personal laws due to the influence of various religious groups.

The State has legal and moral responsibilities to safeguard equal rights of all citizens. Legal
institutions implement state power. Accordingly, it is clear that all legal institutions have an
obligation to ensure equal rights of all citizens, whether male or female. This is guaranteed in our
present Constitution as follows:

“All the organs of government have an obligation to respect, secure and advance the
fundamental rights declared and recognized by the Constitution.” 78

However, there are also structural hurdles related to unaffordable and unavailable legal services,
as well as insensitive administration of justice by staff and Judges. Sexual harassment, sexual
favors, harmful cultural traditions and myths are commonly used as tools for subordination of
women not only in society, but also within legal institutions. These also relate to the deep-rooted
attitudes of the judiciary and law enforcement officials who are mostly men, or even those of
some others who are biologically female but ideologically patriarchal. The judicial attitude tends
to insist on heavy corroboration of the female victim's claim.

76
Property Ownership & Inheritance Rights of Women for Social Protection – the South Asia Experience, Synthesis
Report of Three Studies, International Centre for Research on Women,2006
77
Muslim Marriage and Divorce Act 1951.
78
4(d) of Chapter 1, Constitution of 1978.

62
A study conducted by the CENWOR shows that “most women have acquired their assets (both
land and other property) through inheritance, with purchase being the second main source for
ownership. A smaller number of women have become property owners through government
programmes.”79

Sri Lanka’s Constitution provides for equal rights for men and women, but is again sometimes
superseded by other legal systems. Islamic law discriminates against women in the area of
property in that Muslim women are typically granted smaller inheritance shares than male heirs.
Daughters, for example, inherit half as much as sons. Following the death of a father, Kandyan
law ties the inheritance rights of daughters to marital practices: daughters who marry in ‘Diga’
(i.e. the bride is taken into the groom’s home) must transfer any inherited property to their
brothers or to sisters who have married in ‘Binna’ (i.e. the groom is taken into the bride’s home).

Women’s equal access to justice is challenged due to lack of legal aid, awareness, economic
capacity and other infrastructural facilities. Behaviours of Police Officers, Lawyers, Judges and
other personnel in Courts and Police Stations are not sufficiently gender-sensitive; in addition,
male-centric hierarchies, opportunities, powers to decision-making, Patriarchal institutional
practices, gender-insensitive judicial interpretations, views, attitudes and other similar factors
exert a significant influence over ‘gender justice.’ Some of the other significant factors that
contribute to the reproduction of women’s inequalities within legal institutions are gender-
insensitive legal procedures involving victims of rape, incest, sexual harassments and other forms
of violence against women in Sri Lanka. Rather than justice, women are subjected to re-
victimization within legal institutions due to mechanisms such as aggressive cross-examination,
burden of proof beyond reasonable doubt and requirement to provide the testimony of an
independent person to support her assertion that an act of rape occurred. Incidents of Domestic
violence, including marital rape, are rarely reported and legal protection has been insufficient.80

In addition, in situations of family violence, women and children may be reluctant to pursue
justice because of their economic dependence on male perpetrators and the severe lack of

79
Women and Land Rights in Irrigation Settlement Schemes in Sri Lanka (Study Series No.35)
International Centre for Research on Women, 2006.
80
Sri Lanka Country Profile, Country Specific ARSH Information, UNESCO, Bangkok

63
protective facilities (i.e., shelters, foster homes). Existing shelters for women with children lack
support from the government and struggle for private funding.

Recent judicial developments have reduced discrimination against women in the event of custody
of children. In the past, men enjoyed preferential custody rights. New judicial interpretations
emphasize the well-being of children, who may be placed with either parent (1999).81 Throughout
the country’s history of war and conflict, women have experienced harassment at checkpoints,
detainment, rape and other violations of their personal security.

In the Velu Arasa Devi (Maradana Check Point Rape) Case (2001) and Yogalingam Vijitha v
Wijesekere (2001), rape and sexual abuse in police custody were considered State abuse of
authority, which amounted to torture and inhuman degrading treatment in violation of Article 11
of the Constitution. The Torture Convention and the Constitutional Provision on Torture rather
than CEDAW influenced interpretations in the Supreme Court. However the decisions are also in
harmony with CEDAW General Recommendation No.19, and the UN Declaration on Violence
against Women. These cases have enriched the Sri Lankan and regional jurisprudence on gender
equality and violence against women.

While progress has been made, much remains to be done. Yet, patriarchal values and gendered
norms continue to underpin many policies and programs, and inequalities are reinforced as
women often internalize gender role stereotypes embedded in the perceptions of decision makers.
Constitutions that do not have provisions on treaty incorporation have provisions or chapters on
fundamental rights, which harmonize with international human rights treaties such as CEDAW.
In Sri Lanka, marital rape is recognized only if the couples are judicially separated. The notion
that the home is a private sphere and that the criminal law of the state should not interfere to
prevent men from exercising their traditional rights is very strong in South Asia. 82 There have
been some prosecutions for custodial violence in South Asia. In Sri Lanka in the famous case of
Krishanthy Kumaraswamy83, the court handed the death penalty to the perpetrators. However, in
most of the cases, there is no prosecution and the perpetrators are unpunished.

81
Jayarajan vs Jayarajan ,1999
82
The varied contours of violence against women in South Asia, Radhika Coomeraswamy, UNIFEM,2005.
83
Krishanty Kumaraswamy, aged 18, was allegedly gang-raped by 11 members of the Sri Lankan security forces and
subsequently killed after she disappeared from the Kaithady checkpoint, Jaffna, on 7 September 1996.

64
The civil liberty of Sri Lankan women is hampered by long-standing social practices. The law
grants women freedom of movement, but this right is limited in several ways. Traditions and
customs that place the burden of domestic chores on women also confine women to their homes
to varying degrees. Restrictions on female mobility and autonomy are strongest among Muslim
and Indian Tamil communities. 84

In Sri Lanka, the Penal Code Amendments in 1995 was a major step forward with regard to
meeting the challenge of violence against women. Rape is defined without the limiting words
“against her will” and special provisions exist for judicially separated couples and statutory rape.
There is enhanced punishment for custodial rape, rape of a pregnant woman, rape of someone
under 18, rape of a mentally disabled person and gang rape. There are also provisions for
mandatory sentencing. However, although cases of rape, child sexual abuse, and domestic
violence are increasingly reported in the press, they are in fact underreported. Sexual harassment
is usually trivialized, and domestic violence and incest are often hidden under a veil of privacy.
Services such as crisis centers, legal aid, and counseling to assist victims of violence are still
limited. Militarization, owing to the armed ethnic conflict, has also increased opportunities for
sexual violence.85

The Veddah community in Sri Lanka and some tribal groups such as the Bhils in India claim that
this is their traditional practice. The Attorney General of Sri Lanka made a statement that he
would not be prosecuting a young Veddah for rape even though the young girl had complained.86

Penal Code, Sri Lanka, Provisions on Abortion, Section 303: “Whoever voluntarily causes a
woman to miscarry is punishable with a fine or imprisonment up to three years or both if such
miscarriage is not caused in good faith for the purpose of saving the life of the woman. The
CEDAW Committee’s Concluding Comments interpret the Article on health to indicate that
States Parties must address the problem of illegal abortion, and provide services including access
to information on family planning measures to prevent necessity of abortions. It has also

84
Sri Lanka: Promote Gender Equality and Empower Women, UN (2005), MDG Country Report
http://mdg.lk/index.htm, UN, New York.
85
Country gender assessment Sri Lanka, Asian Development Bank,2008.
86
The varied contours of violence against women in South Asia, Radhika Coomeraswamy, UNIFEM,2005.

65
advocated giving women the choice to terminate pregnancies caused by acts of violence such as
rape and incest.

This approach is already reflected in the laws of many countries. India has since the 1970’s
permitted termination of pregnancy [Termination of Pregnancy Act (1971)]. Sri Lanka’s Penal
Code already permits termination of pregnancy if done in good faith, in the event of risk to the
life of the mother. Termination of pregnancy, in situations where the woman is a victim of
violence is not covered by a direct provision, though it may come within the defense that it is
done in good faith to save the life of the mother.87

Women still suffer from widespread inequality and gender discrimination in employment. Their
unemployment rate has been double that of men since the 1970s and the quality of employment
available to women has deteriorated, consisting chiefly of low-paying jobs, which require few
skills, in the formal and informal sectors.88

The Sri Lankan Constitution provides for equal employment opportunities in the public sector.
However, women have no legal protection against discrimination in the private sector, where they
sometimes are paid less than men for equal work, often experience difficulty in rising to
supervisory positions, and face sexual harassment.89 Furthermore, a majority of jobs available to
women are in the unorganized and informal sectors, which are outside the purview of labour
regulations. An example of this is the growing number of women engaged in the garment
industry, who are prone to suffer physical disabilities directly linked to long hours of hard
labour.90

Sri Lanka ratified the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families was in 1996. This Convention entered into force in
2003. In April 2008 the Sri Lankan Government, as part of its obligation under this Convention,
submitted the First Periodic Country Report to the Committee on Migrant Workers. The foreign
employment industry is the second largest earner of foreign exchange and contributes

87
CEDAW Committee dealt with the subject in a Concluding Comment on Sri Lanka Report 2002.
88
Country gender assessment Sri Lanka, Asian Development Bank,2008
89
Country Report on Human Rights Practices in Sri Lanka,2007.
90
The Truth behind Sri Lanka’s Gender Development Statistics, Nelathi De Soysa, 2000

66
substantially to the Sri Lankan economy. According to provisional data received from the Sri
Lanka Bureau of Foreign Employment (SLBFE),

“The Middle Eastern countries still remain as the major market for Sri Lankan labour
since late 1970. Out of the Sri Lankan labour force proceeded for employment during the
past decade, 70% of the labour had been exported in the category of unskilled sector of
which nearly 66% had been female domestic workers.”91

Some of the more serious violations of the rights of migrant workers include the abuse and
exploitation of migrants, violations of their terms of employment, lack of facilities to exercise
their voting rights, right to freedom of movement, the role of consular and diplomatic missions,
institutional mechanisms set up to deal with migrant workers, access to training and access to
information. 92

Existing Domestic Violence Law and Reality in Sri Lanka

In UN's World Conference on Women that was held in Beijing, China in 1995, 189 governments
including Sri Lanka gave a solemn promise to take action to prevent all forms of violence
committed against women. The Prevention of Domestic Violence Act introduced in 2005. Any
person who fears domestic violence can seek such a “Protection Order” issued for a period of 12
months by a magistrate, which bars the 'aggressor' from committing acts of domestic violence
and entering the victim's residence among other prohibitions.

Sri Lankan women battered by their spouses have been seeking refuge in a law enacted years ago
to tackle domestic violence.93 According to a 2006 survey by the Ministry of Child Development
and Women's Empowerment, more than 60% of women across Sri Lanka are victims of domestic
violence, while 44% of pregnant women are also subjected to harassment. Moreover, there are no
proper counseling centres or safe houses to protect Victims. Women In Need (WIN) runs many
crisis centres across the country and has a shelter for survivors. So far it has obtained 33
protection Orders. In the police and the Judiciary give less recognition to complaints made by

91
Thirteenth Annual Statistical Report of Foreign Employment (2008), Sri Lanka Bureau of Foreign Employment
92
On the International Convention on the Protection of the Rights of All Migrant Workers’ and their Families, Sri
Lanka NGO Shadow Report 2008 June, Prepared by The Action Network for Migrant Workers & The Women and
Media Collective.
93
Women Battered Despite Domestic Violence Law , Feizal Samath , COLOMBO, Oct 11, 2007

67
women who have been subjected to domestic violence when compared to the complaints made by
others who have been subjected to other forms of violence.

A special mental and physical treatment system has to be implemented by these centers for the
women who have become victims of domestic violence. Psychiatric treatment which is required
for mental problems of such women who have been subjected to harassment is not provided
sufficiently. In actual practice, these women are treated as offenders and not as victims.

Institutional Development

The Government set up units of the Bureau for the Protection of Children and Women within
Police Stations in 1994 to respond to calls for greater awareness and attention.

In Sri Lanka, law and policy reform originates with the ministry responsible for a particular
sector. The chief gender equality agencies – the MCDWE (Ministry of Child development and
Women’s Affairs) and the National Committee on Women – are therefore required to both lead
and coordinate initiatives to reform laws and mainstream gender to incorporate women’s rights
and equality throughout the government. The various committees that were appointed to look into
reforms of personal laws should also be continued and their recommendations acted upon.
Several outstanding problems and issues facing IDP women, women migrant labour, war
widows, and women from marginalized communities etc. require prudent, committed action. 94

Subjects and Functions of the Ministry of Child Care and Women’s Empowerment in Sri
Lanka 95

 Formulation of policies and programmes on early childhood development, co-ordinating

such activities with the Provincial level committees, monitoring and follow-up plans
 Formulation and implementation of plans, programmes and projects to provide equal
opportunities for unprotected children while promoting and preserving their rights in
keeping with national policies and international standards
 Implementation of policies, plans and programmes in respect of women’s empowerment
 Implementation of policies and programmes for the advancement of quality of life for
women

94
www.wluml.org/node
95
www.priu.gov.lk/Ministries 2007/MinChild Dev women empower.htm

68
  Increase of their participation in national development policies and other spheres of life
 The promotion of gender equity and gender justice
 The implementation of the Women’s Charter

However, the Ministry of Women’s Affairs and other gender equality institutions are
marginalized.96 Their authority and responsibility in national policy formulation and law reform
continue to diminish. For example, the Ministry and the Committee have not yet been able to
bring before Parliament the Women’s Rights Bill they prepared. The draft bill has been
languishing in the Attorney General’s Department since 2005, and the chief gender agencies have
not been able to address any problems.

In 2004, the Government proposed prohibiting workers with children under the age of 5 to travel
overseas for jobs. The former Minister for women’s empowerment has justified such restrictions
at a seminar. She was quoted as saying that “she had to think of the innocent children’s rights
before considering women’s rights.”97 However, the proposal has not been accepted or enforced
currently. After Beijing, Sri Lanka did adopt a national plan of action but there was no follow up
on its implementation. Eventually, although ‘Women and Children Desks’ have been established
in many Police Stations, further development is needed for these to function effectively and
efficiently.

Sri Lanka is the only South Asian country that does not have a quota for women in representative
bodies (national or local), although it has had two strong women leaders. 98 Despite functioning
democratic institutions and processes as well as women’s right to vote since 1931, representation
of women in formal political institutions has remained inadequate. Recent years have seen an
increase in the number of women running for elections but that has not translated into their being
elected.99 Various reasons for female candidates not being elected are discussed in my paper on
‘Women’s Representation in Politics and Administration in Sri Lanka.’

96
Budget appropriation details of Ministries of Sri Lanka: see Annexure 1.
97
Daily News, 25 May 2007.
98
Sirimavo Bandaranaike was the world's first woman Prime Minister, Chandrika Bandaranaike Kumaratunga was
Executive President of Sri Lanka from 14.11.1994 to 19.11.2005.
99
Sri Lanka Country Profile, Country Specific ARSH Information, UNESCO, Bangkok,, 2006

69
Comparative International Experiences in Promoting Informed
Dialogues to Formulate Strategies for Protecting Women’s Rights

Nepal

In 1993, NGOs in Nepal mobilized themselves and pressurized the Government to prepare the
initial report to the CEDAW Committee. The Government of Nepal realized the importance of
the role of NGOs during the preparation of the report. Thereafter, the drafting of the Tenth Five-
Year Development Plan and the National Plan of Action to implement CEDAW has been in
partnership with NGOs. An information package has been developed in English and Nepali on
what the Convention is, training material for judges, local government officials and
Parliamentarians have been developed along with posters on each Article of the Convention to
popularize CEDAW.

In preparing the periodic report to the CEDAW Committee, a drafting committee was appointed
under the leadership of the Nepali Ministry of Women, Children and Social Welfare with
representatives from different line ministries. An expert was appointed to provide technical
support and consultations were held with the Government, civil society and individual experts.
The draft was revised and finalized based on feedback by the National Committee. Initiatives to
eliminate discrimination include the establishment of a National Commission for Women, review
of discriminatory laws, efforts to suppress trafficking of women and girls, introduction of a
reservation policy in the Ninth Plan for employment and training programmes for women, and
promotion of women’s rights in the areas of political participation, education, employment, and
healthcare. Nepal’s 11th Amendment to the Civil Code (2002) eliminated discrimination against
unmarried women in inheritance laws, and also incorporated CEDAW standards.

Marital Rape Is a Crime in Nepal

Nepal defined marital rape as “raping another’s wife” and the issue was raised that marital rape is
not addressed when it pertains to ones own wife. The reaction from civil society was that
Hinduism and the socio-cultural pattern was being challenged. The common argument was that
marriage was a license for sex. In Nepal, religion is used as a basis to violate women’s human

70
rights. The Courts in Nepal interpreted this definition to include ‘own wife’ as well. The Court
said that rape is violence against women, which is a crime against the State. The Court insisted
that Hinduism does not say that a wife can be raped. The Court requested Parliament to
pass a Bill which enables a woman to divorce her husband and seek compensation for
marital rape.

India
The Government of India ratified CEDAW in 1993. The spirit of CEDAW has been incorporated
into the National Policy for the Empowerment for Women; the National Plan of Action for the
Empowerment Policy has been prepared. There is a National Credit Fund for poor women, which
provides low interest rates.

The Bangalore Declaration (1988) and the Victoria Falls Declaration on Women’s Human Rights
(1994) set down the core principles in this regard, and recognize the judiciary’s responsibility to
bring international human rights into domestic legal systems. As the Declaration states, “national
courts must, as a recognized part of the judicial function, consider the obligations of a country
under international law in judicial interpretation.” “Even in the absence of specific incorporation
of a treaty in a domestic legal system by Constitutions and legislation, there is always room for
interpretation, due to ambiguities or uncertainties in the content of national constitution,
legislation, and Common law.”100 Indian Supreme Court has been particularly active in
protecting the rights of women under the constitution. On 13 August 1997 the Supreme Court of
India issued a landmark judgment against sexual harassment at the workplace, known as the
‘Vishaka judgment.’ It laid down the definition of sexual harassment, preventive measures and
redress mechanisms. It also stipulated a mandatory complaint committee on sexual harassment at
all workplaces and institutions.

Indian Government had a mutually reinforcing system of institutions to measure the efficacy of
policies and laws that ensured equality for women. Such institutions included the National
Commission for Women, a Parliamentary Committee on Empowerment of Women and the
Planning Commission of India. The National Commission for Women was an autonomous, high-

100
CEDAW A Manual 2006, pp24

71
powered statutory body established to consider cases of atrocities against women, gender
discrimination, violation of provisions of the Constitution relating to the rights of women, all
aspects of women’s empowerment and measures for the elimination of discrimination. All the
Commission’s recommendations were taken up by the Department of Women and Child
Development for further implementation. Its reports were brought before Parliament and it was
expected to review periodically the constitutional safeguards and laws affecting women and to
recommend amendments that might be needed. 101

Pakistan
Key enabling measures include the establishment of a National Commission on the Status of
Women in 2000, the announcement of a National Policy for Development and Empowerment of
Women in 2002, and a gender audit of all national programmes, policies and budgets by the
Ministry of Women’s Development. Other initiatives include micro-credit schemes with the First
Women Bank, schemes to promote justice and provide support services to victims of violence,
social audit to assess abuse in family and social services, and reservation of space for women in
local government, provincial and national assemblies.

South Africa102
Women are obviously protected by the full range of rights including the rights to life, dignity,
privacy and others guaranteed in the South African Constitution. Nevertheless, they receive
specific protection under Section 9. The prohibition of discrimination on grounds of gender, sex,
pregnancy and marital status is clearly intended to protect women. The grounds "sex," which is a
biological feature, and "gender," a social construction, are both included. The Choice on
Termination of Pregnancy Act of 1996 was passed to recognize women's reproductive health
rights and prevent the sometimes fatal consequences of illegal backstreet abortions. The Act says
a woman who wishes to terminate a pregnancy may do so in the first 12 weeks. From week 13 to
week 20, abortion is available if a doctor advises, and after that only if there is risk to the woman
or the fetus.

101
Committee on the Elimination of Discrimination against Women Twenty-second session Summary record of the
462nd meeting Held at Headquarters, New York, 2000
102
www.constitutionalcourt.org.za/text/rights/know/women.htm

72
The Promotion of Equality and Prevention of Unfair Discrimination Act 2000 seeks to advance
equality in public and private life. It provides a framework to tackle unfair discrimination,
harassment and hate speech. The Act also provides for the establishment of Equality Courts. The
Domestic Violence Act of 1998 recognizes that domestic violence is not a private matter but is a
serious crime against society. The Act sets out what the Police must do when they arrive at a
domestic violence scene. It recognizes that abuse may take many different forms: domestic
violence, sexual abuse, economic abuse as well as emotional and psychological abuse. Victims
can lay a criminal charge, get a protection order, get a Court order to have the abuser's gun
removed and lodge a claim for pain and suffering as well as medical costs. Other remedies may
also be available, depending on the exact nature of the abuse.

Suggestions for Formulating Recommendations and Steps to Be

Taken to Promote Gender Equality through Law in Sri Lanka

Recommendations need to be formulated to deal effectively with the following problems:

 The paramount determining factor in CEDAW’s implementation is the political will of

governments. In the Sri Lankan context, there is an apparent lack of such political will. There
certainly appears to be little political will to provide sufficient resources for gender equality
issues.

 In Nepal the key factor for effective implementation of CEDAW has been the sustained
partnership between the Government and NGOs. In a wide scope, the achievement of gender
equality required strong co-operation between Governments and NGOs, and all segments of
society. In Sri Lanka, such inter-relations or robust partnerships are still not developed to a
satisfactory degree.

 Lack of clarity among State parties regarding the content of Human Rights standards and
mechanisms that need to be in place to ensure the effective implementation of women’s
human rights: State parties are not clear about the role and place of CEDAW with regard to
developing national legislation, judicial decisions, policies, programmes and mechanisms for

73
 achieving gender equality and women's advancement. There is no consistent methodology or
approach to assessing gaps and monitoring the progress of implementation of women's rights
in Sri Lanka.

 Lack of appropriate and effective institutional arrangements: Women's human rights have not
been adequately institutionalized into laws, judicial decisions, enforcement, policies,
programmes or resource allocation of governments.

 Women’s lack of understanding about effective processes for claiming rights, i.e., rights of
claimants and making demands from a rights-based approach: Women need to have greater
awareness about their rights and the means to make claims and access remedies. Most women
do not understand their rights as claimants. Women do not usually organize and mobilize to
demand effective implementation of instruments guaranteeing their rights at the local and
national level.

 Lack of expertise, methodologies and capacities in relation to CEDAW and its applications:
There is a need to further strengthen the capacity of regional and national institutions such as
intergovernmental organizations, United Nations agencies, other development organizations,
donors and civil society organizations to provide support to national governments, organized
civil society and NGOs to set standards, monitor and conduct human rights analysis from a
gender perspective.

 Structural barriers to the effective application of CEDAW principles and norms: The lack of a
“culture of compliance” with human rights standards makes it difficult for legal advances
(legal reform, including progressive legislation) to have a positive impact in the lives of
women. Impunity, cultural barriers, lack of means to redress discrimination, a dearth of
effective remedies and difficulties in accessing the justice system are contributing factors that
make it difficult to hold State parties accountable.

 Persistence of cultural and social value systems that marginalize women; Curricula and
textbooks often reinforce gender stereotypes. Complex and deeply embedded cultural values
tend to discourage women’s active participation in personal and professional development.

74
 Founded on the prevailing culture, the legal system is gender-biased, and gives women
inadequate protection - in both the legislative and procedural spheres. The legal system's
traditional view of domestic violence as a private affair is an example of this.

 Lack of monitoring; women’s charter not passed as an Act; no national policy to empower
women.

UNIFEM has already initiated the following tools for cooperation with partners in the
Region to support implementation of the Convention:

 The first aspect of the strategy focuses on the application of the standards set out in CEDAW
to the body of laws of a country; removing contradictions between existing laws and
CEDAW articles, as well as initiating new legislation to more fully integrate these standards
into the country’s legal framework.

 Effective enforcement of new standards integrated into a country’s legal framework requires
a second emphasis. This involves changes in institutional structures and processes of the
executive branch of the State that is tasked with implementing laws, as well as working with
the judicial branch in relation to legal interpretation and enforcement. Changes are also
needed to the way in which policies, plans and programmes of government are formulated,
implemented, monitored and evaluated to ensure the integration of a women’s human rights
perspective.

 The third strategic component is a critical, but often neglected, element. Still more work is
needed to raise the public’s awareness of women’s human rights as guaranteed by CEDAW,
in order to change values, attitudes and behaviors across society. Women need to understand
that they have rights equal to those of men as set out in CEDAW, and they should know how
to claim these rights. Similarly, men need to understand and respect these standards, and even
actively assist in their promotion.

75
Possible Approaches to Protect and Promote Women’s Rights through Law
 Improving Awareness of Women’s Human Rights and CEDAW
One of the biggest obstacles in all sectors is the lack of awareness and full understanding
about women’s human rights, especially in relation to the substantive content of CEDAW.
Programmes should be designed to provide training activities, research and analysis on
CEDAW. These will be useful to assess the extent to which women’s human rights have been
realized, and determine what specific action should be taken to harmonize the legal system
with CEDAW. Further, activities to popularize CEDAW and women’s human rights should
use mass and alternative media to stimulate public awareness and discussion. All branches or
organs of government, other non-government sectors particularly organized civil society and
the general public need to be targeted.

 Strengthening the capacity of governments, organize civil society and the general
citizenry to promote women’s human rights:
In order to assist the effective implementation of CEDAW, it is necessary that all sectors are
able to: (a) identify and play their respective roles in the implementation of CEDAW; and (b)
work collaboratively where appropriate and possible to advance women’s equality. Training
activities and technical assistance for the three organs of government and their partners on
gender-responsive and rights-based approaches, and for organized civil society on using
CEDAW for advancing women’s human rights should be undertaken. Mechanisms and
procedures for the implementation of CEDAW and monitoring progress in implementation
should be established and/or strengthened for State parties and organized civil society.

 Strengthening political will for CEDAW implementation in support of women’s claim of

their equal rights
The most effective political pressure for implementing CEDAW comes from within a
country, especially from women and their organizations. As noted already, one of the critical
constraining factors in the realization of women’s human rights is women’s lack of
understanding of effective processes for claiming their rights. Activities must be undertaken
to strengthen women’s ability to claim their human rights by increasing their understanding of
how to claim such rights in selected substantive areas, strengthening the capacity of non-
government organizations and their networks to support women in claiming their human

76
 rights, and making institutional mechanisms and procedures more accessible for realizing
women’s human rights.

 Support legal literacy awareness campaigns and legal aid provision for particularly vulnerable
sub-groups of women including war widows in the North and East, female workers in the
Export Promotion Zones, female migrant workers and support groups for domestic violence
victims. Radio and television programmes may be appropriate media for these campaigns.

Joint Submission Made by the Collective of NGO’s to the Panel of Experts on

Constitutional Reform in Sri Lanka 2006103

Socio-economic rights should be included in the Fundamental Rights Chapter. The rights to
health-care, food, housing and education should be protected along with the right of children and
young persons to be protected from economic and social exploitation.

Rights of Women
The Fundamental Rights Chapter should incorporate a specific provision on violence against
women. National as well as regional executives should be bound to take 'due diligence' measures
to prevent violence against women and prosecute those who commit such violence. There should
be a specific provision on the right to reproductive health along the lines of the programme of
action of the International Conference on Population and Development. Given the significant role
played by the private sector, the accountability for fundamental rights violations should be
extended to private actors, along the lines of the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW).

Gender Equality Commission

The Constitution should make provision for the establishment of a Commission for Gender
Equality. The responsibilities of the Commission should include monitoring and investigating
complaints of gender discrimination, in addition to educating, advising and reporting on relevant
gender issues. The Commission should have regional offices to enable greater public access. It
should also make recommendations with regard to law reform and statutory policy.

103
Submission to the Panel of Experts Appointed By H.E. the President on the National Question, Women and
Media Collective, 2006.

77
  The areas of concern identified in the Concluding Comments of the CEDAW Committee
include - the elimination of discriminatory laws; gender sensitization of policy makers;
mechanism for gender disaggregated data; reproductive rights; trafficking in women and
children; opportunities for participation in decision-making; combating discriminatory
customs and practices; equal employment opportunities for women; and wider
dissemination of Concluding Comments. Weak institutional mechanisms and an increase in
insurgency provide additional challenges.

Suggestions for Specific Legal Reforms

 State policies and strategies should be formulated in a gender-responsive and gender-
sensitized manner.
 The Number of women Judges should be increased, 104 and more females should be
promoted as higher-ranking Officers in the Police Department.

 Personal laws should be amended to fall into line with the 21st century requirements.
 A Women’s Bill of Rights as well as a Bill of Protection for Victims of Crimes have to be
passed in Parliament.
 The provisions of the Beijing Platform of Action and Security Council Resolution 1325
(2000) on Women, Peace and Security should be incorporated into our body of national
legislation.
 Improve awareness of women’s human rights and deepen understanding of CEDAW by
State organs – especially law enforcement personnel and organized civil society groups,
including women’s NGOs.
 Analyzing the budget to ensure resources allocated to law enforcement agencies.
 Social and Economic Rights should be incorporated as Fundamental Rights.
 The implementation of a Treaty requires a range of measures that include legislation,
policies, institutional arrangements, budgetary allocation and resources for delivery of
services and programmes. Treaty implementation presupposes that individuals who are the
beneficiaries of rights, the State and civil society organizations will be aware of the rights
recognized, and the commitments on implementation.

104
Current figures: Women Judges in Supreme Court - 2 out of 10, Court of Appeal - 2 out of 11.

78
 The core norms of CEDAW can be incorporated in National Constitutions or general
legislation on equality such as Equal Opportunities legislation.
 The Indian reforms were largely due to a consistent campaign by women activists. Hence
campaigning cannot stop. Our focus now is on the implementation of the new law. Our
efforts are now on getting information about the law to the whole community, and
especially to the formal components of the justice system - the police, the prosecutors and
the courts.
 The elimination of gender role stereotypes in curriculum materials in education and training
institutions should also be promoted. Another emerging need is to provide women with
higher technological and management skills to enable them to move upward in their
professions and participate in high-level decision making.
 Develop skills in gender analysis, create gender-sensitive indicators, and institute gender
audits to mainstream gender into all policies, plans, and programs.
 Foster the effective participation of potential women leaders in political affairs and
governance; and advocate a Women’s Rights Bill, law reform, and stronger enforcement of
laws to ensure women’s rights.
 The way the Police act in situations where women come to Police Stations with complaints
cannot be changed unless the Police officers are educated on gender sensitive issues. The
institutional structure of the Police can be strengthened by giving a better training to the
Police officers to handle these types of cases methodically and establishing a special unit in
the police station for this purpose. Eventually special units for women and children have
been established in police stations, they need further development.
 Methods of obtaining evidence in the legal system must be reconsidered in order to prevent
prejudiced and improper attacks on the character of a woman who has been subjected to
harassment when she is called to give evidence before a Court of Law.
 The Government should take steps to prevent ill treatment and prejudices that women face
inside the Police Station. These include: establishing an independent mechanism to monitor
the way in which the police treat the affected women, taking suitable disciplinary action
against the police officers who reject the complaints without any reasonable grounds, or
harass the complainants and their family members or disturb the investigations in any other
way.

79
  Safe houses should be provided for women who are subjected to domestic violence.
However, these houses should not be detention camps, and have to be planned in such a
way that the inmates should have the freedom of movement as well as freedom of
maintaining their personalities.
 All persons who conduct investigations (i.e. members of the staff of emergency services in
hospitals including the Judicial Medical Officers working in government and private
hospitals) on women who have been subjected to domestic or sexual harassment should be
trained to use special methods in collecting evidence and conducting investigations on
incidents of sexual and domestic violence. The Judicial Medical Officers should be trained
on the use of language and the way the medical evidence should be submitted in a Court of
Law.
 NGOs can also give information on impact made, progress and best practices. The gaps in
policies can be discussed. NGOs and civil society can play an important role in influencing
international processes and demand / appeal for international support.
 Conduct training on gender sensitization and CEDAW for the Executive, Legislative,
Judiciary and civil society.
 Amend abortion law/provide family planning services and reproductive health education.
 Preparation of a results-based priority gender equality action plan.
 Developing a monitoring and evaluation system to review women’s empowerment and
gender equality perspective.
 Teachers should be better trained in gender-sensitive teaching and learning approaches
 Gender perspectives should be increased in mass media content.
 Building stronger women's organizations and networks so that women themselves have the
power to negotiate new and better policies with their governments and international
agencies.
 Building an operational knowledge base that documents ways and means of empowering
women, which is accessible to other stakeholders in the development process.
 Draft national plans of action; ensure a trained and sensitive criminal justice system, build
support systems for victims and sensitize health professionals.

References

80
An Introductory Guide, Towards Substantive Equality, Law & Society Trust, 2001.

Catharine A. MacKinnon, Toward a feminist theory of the state Harvard University Press, 1989.
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Coomaraswamy, Radhika, The Varied Contours of Violence against Women in South Asia,
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Country Gender Assessment Sri Lanka, Asian Development Bank,2008.

CEDAW Committee dealt with the subject in a Concluding Comment on Sri Lanka Report 2002.

Country Report on Human Rights Practices in Sri Lanka, Law and society Trust, 2007.

De Soysa, Nelanthi, The Truth behind Sri Lanka’s Gender Development Statistics, 2000
MacKinnon, Catharine A, Women's Lives, Men's Laws, Harvard university press, 2007.

Jayawardena, Kumari & Malathi de Alwis (ed.) Embodied Violence; Communalising women’s
sexuality in South Asia, kali for women, 1996.
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Goonesekere, S. The Convention on the Elimination of All Forms of Discrimination against

Women, Some aspects of the Sri Lankan situation, Centre for Women’s Research: 1989

Goonesekere, Savitri. A Rights-based Approach to Realizing Gender Equality, 1998.

Goonesekere, Savitri. Violence, Law and Women's Rights in South Asia, Sage Publications Pvt.
Ltd, 2004.

Hub, Sabine Backgrounder Security Council Resolution 1325 on Women, Peace and Security,
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MacKinnon, Catharine A. “On Exceptionality: Women as Women in Law.” In her Feminism

Unmodified: Discourses on Law and Life. Cambridge: Harvard University Press, 1987.

Pateman, Carole, The Disorder of Women; Democracy, Feminism, and Political Theory, Polity
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Sen, Amartya, Population and Gender Equity Journal of Public Health Policy, Vol. 22, No. 2,
169-174 Palgrave Macmillan Journals, 2001.

Samath, Feizal ,Women Battered Despite Domestic Violence Law , Colombo, 2007.

Sri Lanka NGO Shadow Report, on the International Convention on the Protection of the Rights
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Women and Media Collective, 2008.

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Discrimination Against Women, Centre for Women’s Research (CENWOR), 2001.

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Thiruchandran, Selvy & Nelufer De Mel, (ed.): At the Cutting Edge, essays in Honour of Kumari
Jayawardena, Women Unlimited, 2007.

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Employment, 2008

Uyangoda, Jayadeva (ed.) Matters of Violence: second edition, SSA Colombo, 2008.

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 Societal Barriers for Women’s participation in Politics and
Public Affairs in Sri Lanka

Introduction:
Women’s participation in politics and public affairs has been a widely discussed topic in Sri
Lanka since early 70s. The Sri Lankan state and nongovernmental actors paid a special interest
in both conducting research on women’s status in Sri Lanka and taking measures to eradicate
inequalities in women’s participation in public sphere and bettering their personal lives when the
UN declared 1975 as women’s year. Since Sri Lanka is a state that embraced democracy as the
main political principal for organising politics, economy and society, its constitution promises
that all people of Sri Lanka will be able to enjoy the rights as full citizens granted through
fundamentals of democracy, i.e. freedom and equality, regardless of their class, caste, ethnicity
or sex. Nevertheless, this has been not put into practice and though women comprised more than
half the population of Sri Lanka, they do not enjoy rights and freedom as full citizens in both

83
public and private lives. Though it appears women have, made progress since UN declared
women’s decade, it is a slow progress and women are still excluded and marginalised in both in
politics and public affairs. Therefore, this paper will address the question why women have been
marginalised and excluded even after national and international actors intervened to eradicate
inequalities that hinders women’s participation in public sphere with special attention to politics
and public affairs.
This paper will provide a conceptual interpretation at the beginning to provide and
understanding of the main concepts that will be dealt with to discuss the issues related to the
question raised in the paper. In the second part I will discuss what the constraints are, that is in
place in Sri Lanka to limit women’s participation in politics and public affairs. The third section
will explore what the measures are taken by above mentioned actors to overcome these barriers,
and final part will look into the successes and failures of these measures and what can be learned
from experiences elsewhere. Finally, the conclusion will draw up the main findings and will
examine what can be done to overcome the barriers that hinder women’s participation in public
sphere.

Conceptualisation of politics and public Affairs:

This section will give an understanding to how politics and public affairs is understood and
interpreted as concepts that govern peoples participations in public sphere.

Politics:
Politics is the process that helps people in a country or a society to make collective decisions.
Usually politics is associated with affairs related to state. Hence, politics is usually understood
as:
• the art and process of governing; concerning a polity or its administrative
components

• the study of government of states and other political units

• the opinion you hold with respect to political questions
• the activities and affairs involved in managing a state or a government;

According to Frazer (1998) this traditional emphasis on what politics is, considered by feminist
political theorists as an explanation that limits, only to explain and discuss politics:

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  As a particular form of governance: focus is upon particular set of institutions.
[Legislature, executive, judiciary] and subsidiary agencies – bureaucracy,
police, courts.
 Competition for power to govern – focus is upon political parties, factions, and
interest groups etc as centers of powers that can be bases for claims to the
power to govern.

In their resistance to this explanation, feminist political theorists have pointed out that this
traditional way of conceptualising has limitations in understanding what politics is. In their
opinion, defining politics as above, excluded and marginalised women’s political participation.
By examining, the evolution of political ideologies and theories that evolved in Europe, which
provides foundations for political systems in the whole world today, feminists have pointed out
that thinkers who formulated these ideologies and theories have taken the existing social scripts
of the time on private public dichotomies and decided politics belonged to men. For example,
Aristotle separated and contrasted polis (ancient Greek unit for governing) from the household,
and Hegel and Rousseau used sex difference to separate private and public sphere, and as a
result of this the theories and ideologies that govern politics exclude and marginalise women.
With these types of debates, the scope of the concept politics has been broadened and thus today
politics means:
• Politics – is the practice of , and study of, the power to govern;
• ‘practice of’ also includes being organized, exercise and influence or
pressure governments, and, the resistance to governance and government
(Frazer,1998).

Therefore, what politics mean go beyond describing forms of governance and competition for
power to govern. It implies that any action taken to change society can be considered as politics.

Public affairs:

According to the public affairs website, public affairs means:

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 [Public affairs is a term used to describe] an organisation’s relationship with
stakeholders. These are individuals or groups with an interest in the organisation's
affairs, such as MPs, civil servants, shareholders, customers, clients, trade
associations, think tanks, business groups, unions and the media. Public affairs
practitioners engage stakeholders in order to explain the organisation's policies,
provide statistical and factual information and to lobby on issues which could
impact upon the organisation's ability to operate successfully. Their work combines
government relations, media communications, issue management, corporate and
social responsibility information dissemination and strategic communications
advice. They aim to influence public policy, build and maintain a strong reputation
and find a common ground with these stakeholders. Public affairs practitioners can
be described by a whole host of different words in job titles including: public
affairs, policy, government affairs, government relations, parliamentary affairs,
parliamentary relations, European affairs, political advisor, political researcher,
external affairs, external relations, campaigns, corporate communications, corporate
affairs, stakeholder relations and stakeholder management. (Public affairs
networking , 2010)

This long quotation tells us what public affairs is, who are involved in public affairs and what
they do. In general, people who lobby, intervene or pressurise for various social issues such as
development, poverty alleviation, environmental issues engage in public affairs. Though the
above quotation refers to lobbying and organisation, public affairs can be carried out by
individuals as well. However, the aim is to be critically engaged in questioning public policies
and work for social change. Nevertheless, research done on women’s participation in public
affairs has shown that very often women are marginalised and excluded in participating in public
affairs.

Women’s participation in politics and public affairs in Sri Lanka.

Vicky Randall states that women’s low participation in politics is universal especially where
‘political power is concentrated’ (Randall, 1987:95). This is the case in Sri Lanka, where in

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general, women’s political participation at grass root level as activists is increasing but they are
under-represented in political parties as leaders and at decision making level. There were and are
no formal barriers for women to contest or engage in political activities. Women of the upper
class and proletarian class visibly engaged in politics during the early twentieth century. Partly
as a consequence of their activities, Sri Lankan women won the right to vote, enter into
parliamentary politics and many workplace rights. However, there was no demand for women’s
full participation in politics. It is well known that many upper middle class women entered
politics through their fathers, brothers or husbands and worked in their shadows.
Next I will explore some facts that are central to exclusion or marginalisation of Sri Lankan
women in participating politics and public affairs.

The attitude of the political elite of Sri Lanka

The reasons for women’s exclusion and marginalisation in politics and public affairs can be
traced back to the British colonial period. It was the British who introduced a political system
based on liberal democratic principles, and the political representation to Sri Lanka in 1832 under
the Colebrook Cameron Reforms. However, representation was limited representation based on
ethnic differences and right to vote was also limited to people who were wealthy and educated.
As it was the practice in the UK, women in Sri Lanka also did not have right to vote. However, it
was under the Donoughmore reforms that women were granted right to vote. When the
commission convened it noted, that though the political elite clamour for responsible
government, they are not willing to extend franchise to common people and especially to women.
The political leaders said that women are uneducated, ignorant, can be easily manipulated and
deceived and therefore they will not be able to exercise their vote in an intelligent manner. The
commission noted that women’s status is not good at all, and they should be given the right to
vote so they can voice their concerns as well, but the age for women to vote was set higher than
that of men (Donoughmore Commission Report, 1969)

Nationalist ideology that emerged during the British colonial period

The other force that had a strong impact upon deciding women’s participation in politics and
public affairs was the nationalist movement that emerged against British colonialism. Selvy
Thiruchandran (1997) states that unlike in other Asian countries such as India, gender was not on
the programme of any early nationalist movements in Sri Lanka. My assumption is that what she
meant by this is that the nationalist movement did not include the women’s question in their

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agenda. Nevertheless, I would like to argue that the gender biased attitudes of the male nationalist
leaders actively, overtly and covertly discouraged women’s participation in politics. The Sinhala
nationalist leaders reinforced the idea that women belong to household by saying that the Aryan
Sinhala Buddhist woman’s duty for the country is to be an ideal Buddhist housewife, and that
such a woman achieves her independence by being in her ‘correct’ place in society. Their
opinion was that while men work to develop the country women should serve the nation by
taking care of men and by bringing up children with strong nationalist sentiments. There was no
place for strong women leaders in this utopia.(jayawardena, 2003)

Women became Members of Parliament or Ministers, including the late Prime Minister Sirima
Bandaranaike, and her daughter who was a former president of Sri Lanka. However, many of
them including mother and daughter duo president Chandrika Bandaranaike-Kumaratunga and
Sirima Bandaranaike entered politics when their father or husband were assassinated, and often
they would back their political position on the pledge to carry out their father’s or husband’s
political vision. The idea that women should serve the country and nation by taking care of the
family and raising patriotic children was not absent from these women’s minds. Malathi de
Alwis (1994) points out that women politicians extended the role in the family to the nation by
affirming that their duty for the country is social welfare work.

These ideas have had a profound impact upon deciding women’s participation in politics and
public affairs. In Sri Lanka, the general idea that prevails in society today is women are not
suitable to be leaders and they are not capable in making decisions.

Parallel to the emergence of the Sinhalese nationalist sentiments in the late nineteenth and
twentieth centuries, there was a resurgence of nationalistic sentiments among the Tamils and
Muslims of Sri Lanka. However, with the dominance of the Sinhalese, the Tamils and Muslims
have not become very prominent in the movement against the British colonialism. There are only
a handful of studies done about these involvements and even these are mainly related to the
ethnic conflict. However, studies done by Selvi Thiruchandran show, that the ideological
positioning of the Tamil- speaking male elite political leadership was not different from the
Sinhala male leadership and therefore Tamil women are invisible in governing bodies. According
to Thiruchandran (1997), Ramanathan, one of the prominent Tamil nationalist leader stated to the

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Donoughmore commission that giving franchise to the caste groups lower than high caste wellala
and women is a grave mistake as it will not only pave way for governing the country by
undisciplined groups, but it is also repulsive according to the Hindu way of life (Thiruchandran,
1998). Nevertheless, since 1970s, it was the militant groups in the North and East that
accommodated Tamil women in their war against the Sri Lanka government in greater numbers.
However, even within these militant groups, the concern was to engage women as combatants
and they were not involved in the political leadership or military leadership in an equal manner.

Women’s attitude towards politics

Published research on women and politics in Sri Lanka shows that the proportion of women in
parliament is very low and the main reasons for this are motherhood and domestic
responsibilities, attitudes of the community, the violent political culture and slandering during
elections (Liyanage 1992; De Silva, 1995a, 1995b; Thiruchandran, 1997). Because women’s
attitude towards politics was important, when I was gathering data for my PhD, at the end of
interviews I asked from several women what they thought about participating in politics because
the majority did not speak about it early. The response from many interviewees was that they do
not like to be politically active. They thought politics was for men. This is not because they
thought men were more intelligent than women but because of the violent political culture and
the attitudes of people towards women’s active political participation in Sri Lanka. Podi (Age
54), an older interviewee from Badulla said she preferred to cast her vote and be quiet rather than
dancing on the roads with her clothes raised. What she meant by this statement was that politics
is very much a public affair and women have to behave in an ‘un-feminine’ way and, therefore, it
is not appropriate for women (Jyawardena, 2003).

Violent political culture

It seems it is very difficult for women to be active participants in politics with the increasingly
violent political culture of the post independence era as women’s experience of violence differs
from men’s. During the last general election in December 2001, the clothes of a woman
participating in a political procession were forcibly removed and she was paraded around half-
naked after she participated in a parade posing as President Chandrika Bandaranaike. Another
woman’s house was torched and she received death threats. Though the violence in politics is not

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based on gender and both men and women have to face it, women particularly find it difficult
because mudslinging and sexual harassment have a more profound impact on women than on
men.

Two interviewees spoke about their experience in politics for my PhD study. One is an active
member of the United National Party, which was the opposition party until December 2001. The
other was an active member of the Janantha Vimukthi Peramuna (People’s Liberation Party),
which staged two unsuccessful uprisings in 1971 and during the late 1980s. Their accounts
clearly show the difficulty women face when actively engaged in politics. Though this was not
expressed explicitly, it is clear that one’s gender has an influence on participation in politics.

The first woman said one has to forget that one is a woman when contesting in an election. She
contested in local elections under the United National Party. At that time she was working in a
non-governmental organisation funded by foreign aid and working independently in her area.
Even before she filed her nomination papers, she was summoned by the Director of that
organisation and was informed that they would have to ask for her resignation if she filed
nominations because a Deputy Minister from her area had asked the organisation not to keep her.
The director asked her not to contest but she went ahead because she did not want to betray her
party. She lost her job and was unemployed at the time the interview was done. She was also
harassed by other candidates of her own political party during the election campaign, mainly
because of the competition even among candidates from the same party. They covered her
posters by putting their own posters on top of hers. She said that she had heated arguments with
them. Once when she went for a propaganda meeting in another area around midnight, she found
that the road was blocked with logs to prevent them from going to the meeting. The driver
begged her not to proceed but she was determined to go to the meeting. However, she lost the
election. She thought being a woman is not an obstacle but one needs heavy financial support
and one should be bold enough to face the harassment.

The other interviewee was an active member of the JVP during the 1980’s insurrection. JVP was
a banned political party at that time and was conducting secret recruitment and political classes in
order to stage their second uprising. She became a member during her school days. She did
various duties (which she did not disclose) for the JVP and used to come home around 2 a. m.,

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but the family did not protest because the JVP did not tolerate critics and would not hesitate to
kill. However, she had to go into hiding because her villagers informed the armed forces about
her. While she was in hiding, the government ruthlessly cracked down on the JVP with the help
of para-military groups. Her family managed to put her in a school in the same area after the
insurrection. However, the army tracked her down there and took her into custody. She and
another girl were forced to remove their clothes and they were suspended naked from the roof by
tying their wrists, and they were taken down only to eat a little amount of food, and were also
sexually harassed by the soldiers. She said there was no vaginal penetration but the drunken
soldiers put their penises all over the girl’s faces, mouths and underarm. The other girl that was
arrested with her said it isn’t worth living and she thinks what the girl meant was that there is no
point of living if vaginal rape has taken place. The interviewee said she was more concerned
about being alive than about her virginity. After ten days she was rescued by the head mistress of
her school hostel. The head mistress used her influence as she was having a sexual affair with the
Captain of the army camp. The other girl spent three months in the camp. When this interviewee
was released from the army camp, the JVP had threatened her because they believed she was
released early because she betrayed the JVP. After a while she left the JVP because she
understood that women have no significant place in their politics. Women were used to design
posters, to take messages and they were supposed to carry out men’s orders. She said the male
members did not want to listen to or respect her opinions.

The two harrowing experiences of these women show why women are not willing to be active in
politics. The accounts of these two interviewees show that women in Sri Lanka face violence in
party politics differently from men. Unlike men they have to face the threat of sexual harassment
and it is highly likely that the social humiliation associated with that generates fear and reluctance
in women about becoming actively engaged in politics.

Women are not born to be leaders

Another factor is that still women are not seen as strong leaders and the importance of their
political participation is measured through femininity rather than ability. During the general
election of 2000, the Minister of Women’s Affairs appealed for more women to contest elections
because she said that it would curb the election violence. In writing to political parties, she said,
‘When election activities are conducted under the leadership of womenfolk, there is a tendency to

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lessen thuggery and unruly behaviour’ (WIRE, 2000). This statement shows that prevailing
stereotypes of women in Sri Lanka generates the idea that women should be in parliament not to
govern but to curb violence.

Even when women members have been elected to central government they were always assigned
to ministries that work for social and cultural improvements. They are not appointed to
ministries such as foreign affairs or ministries that carry critical developmental work. It seems
that having the world’s first woman Prime Minister, or even having a woman as the President of
the country, did not do much to change the situation. Having more women members in
parliament is also not going to help if these women continue to preach the same gender biased
attitudes of the community. A newly elected middle aged female Member of Parliament was
interviewed on television just after a general election and was asked what she would do to
improve women’s status. She said she would work for women, not to achieve equal status but to
safeguard their ‘correct’ place. This is the attitude of many women representatives in the
parliament. This shows that the Sinhala Buddhist ideology that emerged in the British colonial
era still has a profound effect in understanding women’s participation in politics and public
affairs. As I have said earlier the debate always fluctuates within whether women should have an
equal place or should work to safeguard their correct place. Correct place is the most approved
and accepted place and it puts constraints on women to limit their mobility in public space. Very
recently, at the general elections president Rajapkasa said he will not give equality to women but
he will assign a noble place for women. Assigning places, especially by males regardless
whether it is correct or noble do not improve women’s status within society, community or
family. When a ‘place’ is assigned, certain parameters are set to determine the place and if
women are not adhering to these parameters they will not be considered as good enough to
achieve respect and societal acceptance. What women in Sri Lanka need is to have the
opportunity to be full citizens in order to enjoy the rights and freedoms granted in the constitution
and earn equal social worth. This what meant by feminists when agitate for equality, however,
this has been misunderstood in many countries as demanding to be like ‘men’ and therefore, in
Sri Lanka too as in other countries there is a resistance to women’s equality.

Why are politics so violent in Sri Lanka? Clearly, it has to do with the civil
conflict that has raged in Sri Lanka for the last 20 years. But it has more to

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 do with the very nature of Sri Lanka’s political culture. This is a political
culture that focuses on the quest for power with very little concern paid to
civil service, civic responsibility, serving constituents, or to public service as
a part of the process. Politics comes down to who is going to control public
resources, and who is going to benefit from the privileged access to public
resources (McKenna ,1999:08)

As McKenna points out representative politics in Sri Lanka is increasingly lacking in

democratisation. Having a democratic system in place is not enough to safeguard democracy. It is
democratisation that promotes and safeguard democracy in a country and if that not happens
within politics and public affairs women will be further marginalised. The studies on women’s
political participation in Sri Lanka very often cites that patriarchal relations practised in family
and public space discourage women from participating in politics and public affairs. Though
there are no formal or legal barriers for women’s participation, inculcated ideas in society
constrain women entering into decision making bodies.

Gender based Constraints within political parties and lack of finance

I have met women political representatives at local and grass root level at several workshops and
one of their complaint is that it is very difficult to rise to the level of getting nominated within a
political party even for local elections in Sri Lanka. The top hierarchy of political parties always
favour men in giving leadership roles. If a person is not given a responsible role he or she is not
in a position to work with the public and gain popularity and support of the people. Another fact
brought into attention by them is that lack of financial support from the party when they are
nominated to contest. As women do not posses property or save much, they have great difficulties
in carrying out a successful campaign. Even when they are elected, according to them it is very
difficult to receive financial aid from the member of parliament or from a minister to carry out
public work in the areas they represent as these members or minsters (more often than not are
men) are reluctant to allocate money. According to them they work with some non governmental
agencies to acquire funds that need to carry out developmental work in the area in order to
receive public attention and support.

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Women’s understanding of what is politics and public affairs
Another important fact I have observed in the workshops conducted for female political leaders
was that women themselves have not grasped the full implications of participating in politics and
public affairs. As McKenna quoted above correctly points out politics has become a source for
having power to control public resources. However, when asked the question why are you in
politics the reply given was to serve their constituencies and safeguard women’s rights, in the
discussion it was admitted helping the family, relations and friends to secure jobs and other ways
of earning is very much on the agenda. Even though almost all the political parties have a party
manifesto and was tactful enough to include a part on women’s rights and gender securities,
when asked how many of them have read the manifesto, the answer was always very negative.
Once a participant told me in the 1960s the leftist parties used to conduct residential seminars in
Colombo for party members to raise awareness and educate them on political affairs and she said
they learned a lot from these seminars. Except a few political parties are not interested in
educating their members nowadays and therefore, that has an adverse effect especially on
women. According to these women political leaders it is nongovernmental organisations that
carry out such education programmes now and it is not enough.

One of the most significant factors that constrain women’s activities in politics and public affairs
is their non understanding of what is politics and public affairs. One question I ask from women
who are working in women’s NGOs and from the female political leaders is, what they think they
are doing and always the answer was they are doing a ‘social service’. They understand politics
or public affairs as a social service that provides relief for destitute women. I have not met so far
a woman who said she is working to change the society. This attitude should be analysed within
the specific context that developed from the late colonial rule in Sri Lanka. Economists have
explained (Jayasooruya, 2004) how electoral politics that has entwined with social welfare started
at the late colonial rule is decisive in selecting representatives at elections in Sri Lanka. What is
imply in that is that representatives and governments are elected to give things to people and not
to safeguard people’s sovereignty granted in the constitution or to bring about social change that
would enhance equal opportunities for people to eradicate existing marginalisations and
exclusions in politics, economy and society.

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Prejudices against women
The prejudices that have been inculcated by women against women also play a significant part
in constraining women’s participation in politics and public affairs. Though it was said that these
women leaders’ main concern is safeguarding women’s rights and help to increase women’s
status within society, they do not go beyond their own political party’s limits to achieve this.
They do not organise to protest when female members within their own party or in another
political party is being harassed. The incident I have cited preceding is a good example. When
this woman was paraded half naked for impersonating president Chandrika Bandaranaiyeka
there was no protest from women political leaders.
According to the same women political leaders, their husbands do not bar them from participating
in politics or public activities as long as they give priority to family affairs. Therefore, though
they were given permission to engage in public affairs, they were expected to fulfil their
household duties, which, when neglected resulted in conflicts in the family and women being
stressed. Thus, the idea that women are homemakers hampers their full participation in public
sphere and put barriers on activities carried out to building up or expanding their vote base and at
a disadvantage unlike male political representatives or candidates.

The harrowing experiences women have to face when engaging in politics and public affairs has
resulted in internalising the attitude that such engagements are more suitable for men and they do
not encourage their daughters or female relatives or friends to participate in such activities. Male
members of political parties and social movements that involved in public affairs very often
endorse this. I would like to share one of my personal experiences regarding this. Recently I
carried out a research on women and democracy in Sri Lanka. In an upcountry area I have
interviewed a full time party member who sacrificed her private life for the party and trade union
activities. Since it was late for her to go to another meeting, when we finished the interview I
have offered a ride to the railway station and two male members of the party also joined us.
During the interview she said that when economic equality is achieved, women will achieve
equality within society. Citing an article written by a female member of Soviet communist party I
asked her whether she thinks that the societal constructions of gender differences prevails in
society that creates hierarchical relations between men and women, will be eradicated by just
equal distribution of wealth in Sri Lanka and let women fully participate in public sphere. I
further added this was a question not adequately addressed in Marxism or communism. One of

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the male members with us quickly said I will answer that question and started telling me why
communist rule collapsed in USSR and I told him that was not what I have asked. Then he told
me I should read communist manifesto as it included women. I informed him the communist
manifesto I have read certainly talk about women but do not address the issue I have raised.
Then I have asked how many women there are in the executive council, how many women are
engaged in activities such as organising propaganda meetings and pasting posters and how many
women are engaged in door-to-door campaign and things like clerical work and make tea. His
answer was ‘women are not intelligent enough to carry out serious work’. Such attitudes are
reinforced in activities carried out by both political parties and nongovernmental organisations
and creates a negative impact on women’s participation in politics and public affairs.

Barriers in Participating in public affairs

Women’s participation in public affairs in Sri Lanka is much better compared to their
participation in procedural democracy. The women I have interviewed for my paper on women
and democracy expressed their discontent with elected representatives. Though there is trust
placed on democracy and democratic institutions, elected members were mentioned with
contempt. One of the interviews mentioning an elected female representative said ‘she used to
move around street freely before being elected and now she has to go around with a group of
body guards and we cannot get close to her. If there is no guarantee for the safety of her life, how
can she serve us?’ Many women informed me that they have formed local movements for
resistance and work with grass root level nongovernmental organisations to protest against
environmental issue such as river sand mining in the area or to find solutions to issues such as
getting released the imprisoned fishermen in India. Many women are engaged in activities
related to development and eradicating economic inequalities too.

Nevertheless, my observations points to two main constraints that hinder women’s full and equal
participation in public affairs. First, the hierarchical relations maintained between the officers of
these organisations’ and their stake holders. Though programmes are designed to ensure
stakeholders take part in decision making, a distance is maintained between the officers and
stakeholders. Very often the officers are being addressed as Sir or Madam by stakeholders. When
conducting workshops or programmes, very often I have seen that officers’ use a commanding

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tone when addressing stakeholders. In such contexts it is difficult to improve women’s
capabilities and skills for leadership and decision making.

Second, is the manner in which awareness raising programmes are conducted. Awareness raising
is considered as very important and successful tool in the eradication of socially constructed
attitudes, norms and behaviours that produce inequalities within societies. Even though
awareness raising is included in almost every public affairs program it is just a section in the
programme and includes only the stakeholders. Many a times I have been told by women ‘ it is
not enough bringing us only, our men also should listen to these things’. Since many
programmes are designed for destitute people, middle class people are most of the time excluded.
If an organisation is striving to eradicate inequalities in society, it should pay serious attention to
conducting awareness raising programmes that includes not only stakeholders but, generally,
people living in the area. Because legislative and legal changes brought to better women’s lives
may not work to the full effect if social values, norms, attitudes and traditions that put
constraints to women’s participation in politics and public affairs have not changed.

Another issue related to awareness raising I have experienced and observed is the fear and
reluctance to address certain issues, especially issues related to culture and tradition of this
country, that may hinder women’s participation and equal access. Sometimes the attitude of the
officers in both government and nongovernment sector is that it is better to adhere to ‘ancient
traditions’ because they are there to control human behaviour so they prevent conflicts and it is
better to keep the people, especially rural people in ignorance because they are not intelligent
enough to understand what has been discussed. For example, there is an attitude prevailing that
sex education is bad because people, especially young people try to experiment with what has
been taught. It can be argued that knowledge may be bad but learning things will widen the
people’s scope of choices whereas ignorance prevents people from making intelligent and
meaningful decisions.

Consequences of the societal barriers

Some tables provided in Lanka Report (1994) tells us the real scenario of women’s participation,
representative political bodies, and public offices. According to the table 9 on page 15 in 194,
out of 95 elected members 03 were females and the highest number of elected females was in

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1989 (11 members) but that was out of 196 seats. Proportion wise it shows an increase as 3.2
from 1947 to 5.2 in 1989 but it clearly shows that it is males who dominate the most crucial
decision making institution in Sri Lanka (Sri Lanka Report, 1994). Since 1989 proportion of
elected females remain more or less the same and at 2010 general election 213 men were elected
but female representation is only 12 (5.33 by proportion). At local level female representation is
much lower than that. According to the same report proportion of female representation at
provincial council level remains as 4.0 while respectively at municipal councils and urban
councils the representation is as low as 2.3 and 1.4 (ibid). Though there is an increase of female
representation at governing bodies compare to last few decades there is a high disparity according
to the sex difference. The same report also shows that percentage of females appointed to higher
posts at the national and local decision-making bodies is very low.

These statics tells us that though state and other actors have been engaged in various measures in
Sri Lanka to assure women are included in politics and incorporate them into developmental
activities, women are still highly marginalised or ignored in practise due to the reason I have
mentioned in this section. In the next section I will look at some of these major actions taken up
by both state and non state actors.

Measures taken by the government and nongovernmental actors and their

success or failures:

The United Nations:

It was the United Nations that gave a wider recognition to women’s issues and gendered barriers
to women’s enjoyment of rights as equal citizens by declaring women’s decade in the 1970s. The
impact of the feminist movement as a social movement highly influenced the world order in the
20th century. The focal point was the Beijing World Conference on Women. The Beijing
Declaration and Platform for Action announced to the world the strategic goals and actions that
should be undertaken to overcome obstacles to the promotion of women’s rights. It has celebrated
the 15th anniversary in 2010 and from its first meeting the representatives from all over the world

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have met and announced to the world the strategic goals and actions that should be undertaken to
overcome obstacles to the promotion of women’s rights.

Another major step taken by the UN towards eradication of discrimination at all levels for
women is the twenty-third special session of the General Assembly on "Women 2000: gender
equality, development and peace for the twenty-first century" in 2000. This session has adopted a
Political Declaration and outcome document entitled "further actions and initiatives to implement
the Beijing Declaration and Platform for Action". At this session it was decided that one of the
main functional commissions of ECOSOC and the main intergovernmental body be tasked with
the responsibility of promoting the advancement of women and gender equality (doc. A/55/341)
four years after the Beijing Conference, governments were asked to report on their actions to
implement the Platform for Action in the 12 critical areas of concern. As of 1 October 2000, 153
Member States and 2 observers responded to the questionnaire prepared by the Secretariat in
collaboration with the five regional commissions and sent out in October 1998. Based on these, a
report was prepared and submitted in order to decide what were the major obstacles for gender
equality worldwide were and the two major areas, i.e. poverty and violence were identified as the
reasons for maintaining gender inequality worldwide while concerns were raised about the
impact of globalisation on women. The report also noted that while measures were taken by the
governments and non governmental actors to promote women’s participation in politics, women
are still under - represented in decision making bodies.

Adopting the CEDAW treaty was one of the major steps taken by the UN to eradicate gender
inequality worldwide. Adopted by the United Nations in 1979, the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) is an international
human rights treaty that focuses on women's rights and women's issues worldwide. The
Convention addresses the advancement of women, describes the meaning of equality, and sets
forth guidelines on how to achieve it. The states that ratify CEDAW, agree to implement serious
measures to improve the status of women and to eradicate discrimination and violence against
women. The convention paid attention to three main areas that identified as needed to be
improved for eradicating discriminations against women were civil rights and the legal status of
women, women’s reproductive rights, and cultural factors influencing gender relations in
societies. Since it has been declared, more than 180 countries have adopted this treaty and took
measures to improve the areas mentioned in the treaty.

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Measures taken by the Sri Lankan government:

First, the article 12 and 14 of the constitution of Sri Lanka act as a measure taken towards equal
rights. Sri Lanka’s Constitution guarantees equal rights without discrimination on grounds of sex
and provides for affirmative action to ensure equal rights.
Secondly, since 1970s following the steps taken by the United Nations, elected governments of
Sri Lanka have been taking various measures to close the gender gap in politics, economy and
society of Sri Lanka.
The mechanisms set by the Sri Lankan state to deal with gender issues were establishing
Ministry of Women’s Affairs, the Women’s Bureau and the National Committee for Women
(NCW). The tasks assigned to these bodies are to formulate state policies on women’s issues
and its implementation of these policies.

The women’s Charter adopted in 1993, based on the CEDAW fact, expresses the state’s policy on
women’s issues in Sri Lanka. The charter recognises seven areas that need to be improved for
women’s benefit and to eradicate gender gaps are namely, civil and political rights, right to
education and training, right to economic activity and benefits, right to healthcare and nutrition,
rights within the family, right to protection from social discrimination and right to protection
from gender based violence. These areas are addressed in the Charter. However, the major
weakness of this Charter is that it is just a policy document and it has no legal authority and its
responsibility and accountability cannot be challenged because of that.

Another measure adopted by state is domestic legislation including a Prevention of Domestic

Violence Act. Under this, various actions such as establishing counselling centres to assist
women, forming committees to address sexual harassment within state institutions,
establishing the Legal Aide Commission to provide legal assistance to victims of violence, and
initiating programmes for creating awareness raising have been taken place.

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SAARC:

Following the examples set by the UN, since its beginning SARRC has placed an emphasis on
addressing gender related issues, especially, working towards eradicating forms of
discrimination against women in the South Asian Region. It has created several institutions and
action plans for working for women in the SARRC region. The action plan of 1986 created the
Technical Committee on Women in Development and as a consequence of that a regional plan
of action on women was developed. In 2000 the Technical Committee was merged into the
Technical Committee on Women in Development which was merged into the Technical
Committee on Social Development under the SAARC Integrated Programme of Action in 2004
again this was transformed into a new committee called Technical Committee on Women,
Youth and Children under the revised Regional Integrated Programme of Action.
A major area of concern for SAARC is the trafficking of women and children within and
between countries in the region and, in 2002 SAARC adopted a Regional Convention on
Combating the Crime of Trafficking in Women and Children for Prostitution The Convention
calls for cooperation amongst Member States in dealing with various aspects of prevention,
interdiction and suppression of trafficking in women and children for prostitution, and
repatriation and rehabilitation of victims of trafficking. It also calls for prevention of use of
women and children in international prostitution networks, particularly where countries of the
region are the countries of origin, transit and destination.
SAARC also has signed an MoU with Development Fund for Women (UNIFEM), in 2001 to
help Member States to work towards the goals of gender equality and to empower women in the
region. The two institutions work together to develop a SAARC Gender Database: Mapping
Progress of Women in the South Asia Region.
Apart from that, Ministerial Conferences in 1986, 1990, 1993 and in 1995 and in 2006, were
convened to address the specific concerns of women. Thus the political leadership of the region
has been putting an emphasis at highest political level, the Leaders have continued to stress on
the need to address issues affecting women.
At the 2002 conference, the Leaders agreed to mobilize necessary resources and to intensify
broad-based action to achieve a set of priority goals in improving the social status of women and
children. These include, among others, (a) establishing a voluntary fund with the contribution
from Member States, individuals, donor countries and agencies for rehabilitation and
reintegration of the victims of trafficking; and (b) pursuing and promoting social development

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through empowerment of women and ensuring their full participation in decision making at all
levels. At that Summit, the Leaders also reaffirmed their commitment to the upliftment of social
status of women in the region through specific and target-oriented programs. They also directed
that necessary measures be taken to ensure the development of women to their inherent
potential. Pursuant to a decision of the Eleventh Summit (Kathmandu, January 2002), the
SAARC Autonomous Women’s Advocacy Group (SAWAG) was formed, to advocate
mainstreaming gender and make recommendation on gender related issues and programmes in
the region. The Group convened its First Meeting in June 2004 in Islamabad, and decided to
commission a Study incorporating issues such as women’s citizenship, women’s political
representation, trafficking and sexual exploitation, gender and HIV/AIDS, female education and
literacy, legal rights and economic empowerment and impact of globalization on women. The
Thirteen Summit (Dhaka, 12-13 November 2005) reiterated its pledge to continue to work in the
next decade and beyond to address the formidable challenges faced by women and children,
especially the girl child. That Summit noted that sustained efforts were needed on the part of the
Member States not only to free them from all types of deprivation but also to make them full
partners and beneficiaries of South Asian progress and development. (SARRC gender info base,
ND )
The data mentioned above clearly shows that women’s issues in South Asia have been addressed
at the international, and regional level and as a member of both the UN and SARRC, State of Sri
Lanka has committed itself to strive towards gender equality within country by taking steps
mentioned in the section on the Sri Lankan government.
However, addressing a UN meeting permanent ambassador to the UN Palitha Kohona said:
Mr.Chairman,
Another priority for Sri Lanka has been encouraging women to be more actively involved in
leadership roles. There are no constraints for Sri Lankan women to reach the heights of
political power. As a matter of fact, the world’s first elected woman Prime Minister came
from Sri Lanka and we elected a female Executive Head of State 16 years ago. However, as
a percentage only 5% of our Members of Parliament are women and only 3% of the
members of our local authorities are women. The reasons for low participation are complex
including socio cultural norms in some communities. Our national machinery with the
support of the NGOs has launched several programmes to increase women’s participation in
politics and our Government is making a conscious effort to give increased representation to

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 women. However, in the higher echelons of the public service and in the professional
categories in the private sector our women are increasingly playing a key role (Permanent
mission of Sri Lanka government, 2010).
According to him and various other writers compared with other South Asian countries women’s
situation in Sri Lanka is better when look at from a human development perspective. There are
no formal barriers for women to participate in public sphere. Their health, education is better
due to the long term welfare programmes carried out in the country since independence.
However, as the permanent ambassador has and many others have pointed out though there is no
gender discrimination in education, health, state or sector employment women are either
marginalised or ignored in public sphere activities. Ambassador Kohona states this is due to
socio cultural norms in the country.
Though both the State and nongovernmental actors such as International NGOs and national
NGOs carried out various programmes to improve situation for women and though there is a slow
progress it is clear that women in Sri Lanka still have not been able to enjoy their rights as full
citizens of Sri Lanka. Since development, poverty alleviation and women’s issues are merged
into a one major area of concern most of the projects and policies formulated are of selective
nature and excludes social groups that do not belong to the low income earning category. Hence,
as I have mentioned elsewhere in this article, formulating policies and legal reforms is not
enough and there should be a more cohesive and all inclusive programmes for awareness raising
as well. Otherwise male biases prejudicial attitudes of officials themselves who plan and
implement these projects will be reflected in the policies and their outcomes and further
strengthens societal barriers for women’s participation in politics and public affairs. For
example, Gender and reproduction was also introduced to students from year eight onwards
under ‘health and physical education’ with the intervention of Women’s Affairs ministry.
Though the aim is to increase awareness among students about the adulthood and myths and
truths of it and to help them to understand and make choices from the information that is pumped
through media and available cultural concepts, it seems these curricula are also designed
according to the ideas and beliefs of the society. In the year ten curriculum, ‘imitating improper
fashions’ by girls has been identified as one bad consequence of close friendships with selected
friends at school and in neighbourhood. Hence I argue that the policy makers at national level
instead of eradicating inequality reinforce the ideas, norms and values that prevail in society and
therefore gender mainstreaming at state level become meaningless (Jayawardena, 2003).

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It also seems that the women’s organisations, which tend to address issues of women in Sri Lanka
also, not have been able to get rid of such ideas. A study done by Kamala Peiris on women in
local groups show that there is an ‘inability’ or reluctance of people in general to break away
from the accepted traditional norms of a ‘women’s place is in the home’. Most importantly, she
points out that the aims and attitude of the state and non-governmental agencies also do not differ
from the general attitude of the community. For example, one of the objectives listed by a
Women’s non-governmental organisation was ‘improving standards of women in the traditional
framework of good mothers and well behaved disciplined young women’ (Pieris, 1993: 13). She
also pointed out that often men were invited as ‘knowledgeable’ persons to ‘lecture’ the grass
root level women’s groups (ibid).
This shows that to increase women’s participation in politics and public affairs and to include
them in decision making process of politics, economy and society as full citizens, not only
implementing formal reforms but changing prevailing attitudes, norms and prejudices against
women in Sri Lanka should go hand in hand.
In the next section I will look at what lessons we can learn from the experiences in elsewhere in
the world to overcome the barriers for women’s participation in politics and public affairs.

Lessons from elsewhere:

Europe:

If looking for a successful story of women’s achievements in politics, many turned to Britain.
Margaret Thatcher created history by being the one and only woman Prime-Minister elected for
three consecutive terms and at the same time being the president of the Conservative party. She
did not hesitate to bring reforms, especially economic reforms that are felt in Britain even today.
However, women’s representation in parliaments and local governing bodies is still low
compared to that of men. In England, the Labour party has more women MPs than Conservative
or Liberal parties mainly due to reforms it adopted in order to allow more rooms for women to
come to parliament. Britain adopted various methods, such as quota system, women all lists for
candidacy, etc; to increase women’s participation. Since the 1970s, the number of women in
governing bodies have increased due to the intervention of women within political parties and

104
feminist groups. Nevertheless, women are still underrepresented especially in House of
Commons and in local councils. Though number of women representative has increased, they
still do not have equal chances to be appointed into the highest posts within political parties or in
parliament (The British Council, 2002).

In Europe, Sweden is the most cited examples for women’s greater participation in politics and
public affairs. The women representatives in parliament are about 45% and in the cabinet, it is
up to 50% representation at times. According to Diane Sainsbury (2004), a less well-known
phenomenon is the advances made by women in appointed positions since the late 1980s.
According to her, measures took place in Sweden such as redefining women's issues as demands
for gender equality, which transformed women’s issues from minor issues into major issues at
political party level. In effect, this change re-casted the conditions for substantive representation
of the incorporation of women's preferences in policies. The second aspect of the discursive turn
according to Sainsbury was gendering the demand for greater democracy and framing the issue
of women's representation in this manner. It has strategically converted political women from a
minority within each of the parties into a majority of the citizenry thereby improving the
potential for descriptive representation. Especially in Sweden the institutional presence of
women has been decisive for women for securing public office.

South Asia:
In South Asia, for more than two decades, efforts have been made to increase women’s
participation in politics and public affairs both at state and at non-state levels.
According to a baseline report on India, India has adopted affirmative action in providing for
one-third reservation for women in all institutions of local self-governance. It also provides for
reservation of posts for Chairpersons and Deputy Chairpersons in the Panchayats and in the
Committees in the Nagara Palikes. The reservation or quota system is put in practice by
identifying one third of the total constituency as reserved for women. The reserved constituencies
differ for each election through the adoption of a policy of rotations. The term of the elected
persons is for a period of five years in all elections. However, according to a study done by R.
Sooryarmoorthy and D, Renjini (2002) though women constitute about half of the total
electorate, their representation in Lok Sabha6 has not been adequate in India. According to these
authors women contesting elections still constitute only a meager percentage of one or two of the

105
total number of contestants. For examples, in Lok Sabha, the representation of women varied
between 3.4% and 8.1% . In the first Lok Sabha, there were only 22 women members who
formed only 4.41% of the total 499 members. The Sixth Lok Sabha admitted the lowest number
of women parliamentarians with 19 out of the total 544 (3.49%). The highest number of women
members was found in the eighth Lok Sabha with 44 members in a house of 544. This did not
form even 10% of the total strength.

In Bangladesh, the constitution states that women have equal rights and there are no formal
restrictions for women participating in politics and in public affairs. Nevertheless , in 1973
election only one woman was elected, as the chairperson of Union Parishad among 4352 unions.
In the election of 1977, only four women were elected as chairperson whereas this number was
only six in the election of 1984. In the Union Parishad from election of 1988, 18566 contestants
fought for the position of chairperson of 4401 Union Parishads. There were only 79 women
contestants constituting only 0.4 percent for the post of chairperson and 863 for membership.
Only one female chairperson was elected in 1988. Again in 1992, available data indicates that for
the position of chairperson of 3899 unions out of 4398 Union Parishads, only 115 women
contested for chairpersonship and only 1135 for members and only 20 members were elected
(Qadir, 1995:34 cited in Fadaus, A.R.A.;Rahman Khan M.D.M.,2006) ). For elective position of
members, the figures for the respective elections in 1988 and 1992 were only 863 women out of
114,699 (constituting 0.7 percent) and 1135 women among 169,643 (comprising again some 0.7
percent) contestants (Ahmed and Nabi, 2001:3 cited in Fadaus, A.R.A.;Rahman Khan
M.D.M.,2006). What these statistics says is that compared to India or Sri Lanka, women’s
participation at decision-making bodies in Bangladesh is abysmal.

In summary, when analysing the findings about women’s participation in politics worldwide, it
is correct to assume that though formal measures have been adopted to increase women’s
participation, as of this moment these measures have not brought complete success. Sri Lanka
boasts of having the first woman premier and appointing a woman as an executive president.
Indeed, all the major countries in South Asia had women Prime Ministers and there are isolated
stories of triumph for women in politics in the other parts of the world; such as Margret
Thatcher. As the same, the findings worldwide show that there still is a long way to go to
achieve greater participation of women in politics and public affairs. These findings also show

106
that some of the affirmative actions taken, such as quota system, do not work very well. In
countries like Britain and India it is disclosed that though number of women in decision making
bodies have been on the increase their voices were not fully heard.
Thus, there is a need to question the success and effectiveness of policy making and its
implementation at state level in order to increase women’s participation and in eradicating the
gender gap in politics and public affairs. The lack of coherent policies for coordination among
various branches of ministries and related institutions working to implement policies is a
hindrance to meeting the goals of the formulated polices. A good examples for this is the
creation of a Youth Affairs Ministry to empower youth in this country. At a recent conference I
participated in , a presentation done by the secretary of the ministry, it was disclosed that
Women’s Affairs Ministry was not included in the list of ministries that were considered as
important to be interlinked to work for empowering the youth in Sri Lanka. These omissions
are, I would like to argue, not random mistakes and shows the prevailing sexist attitudes of the
male officials and members of parliament. The findings of the studies I have examined also cite
the attitudes of the male political elitist leadership is a major constraint for appointing women to
leadership roles in political parties or in nominating more women as candidates.
The Elimination of Discrimination against Women United Nations Committee on the: Sri Lanka
in 2002 pointed that despite government agents statement that women have progressed in certain
areas and therefore, that there are no gender disparities, still there are some major areas of
concerns that hinder Sri Lankan women’s progress as full citizens even within the areas that
cited as been improved . The following were highlited as major areas of concern:
 The Committee expressed its concern at the contradiction between the constitutional
guarantees of fundamental rights and the existence of laws that discriminate against
women. It is also concerned that constitutional provisions on fundamental rights do not
create accountability for the actions of non-State actors and the private sector, and the fact
that there is no opportunity for judicial review of legislation pre-dating the Constitution.
The Committee is also concerned at the existence of discriminatory legislation, such as
the Land Development Ordinance, and the provisions allowing for Muslim personal law,
which, inter alia, does not provide a minimum age of marriage, as well as the nationality
law which precludes Sri Lankan women from passing nationality to their children on an
equal footing with men.

107
  The Committee noted with concern that the legal framework, institutional structures and
human and financial resources remain insufficient to implement the Convention.
 Despite the fact that women have occupied the position of head of Government of Sri
Lanka, on the whole there is a very low level of representation of women in politics and
public life.
 Despite the progress in education for women and girls, women are underrepresented in
engineering and technology-related courses in tertiary education.
 The Committee expressed its concerns about the high incidence of violence against
women, including domestic violence, having no specific legislation that has been enacted
to combat domestic violence and that there is a lack of systematic data collection on
violence against women, in particular domestic violence. It also noted with concern that
marital rape is recognized only in the case of judicial separation. The Committee is also
concerned that the police fail to respond to complaints of violence against women with
gender sensitivity and effectively.
 The Committee, expressed concerns at the perpetuation of traditional stereotyped gender
roles among the public and in the media.
 The Committee was concerned about the low level of women’s economic participation,
the high unemployment rate of women, the inadequate protection for women working in
the informal sector, such as domestic service and the weak enforcement of laws to protect
women workers in the export processing zones. The Committee is also concerned that no
data is available on the wage gap between women and men.
 The Committee was concerned about the increasing number of women who migrate from
Sri Lanka in search of work and find themselves in situations where they are vulnerable.
Despite the protective measures taken by the State party, including mandatory registration
and insurance coverage, these women are often subjected to abuse and sometimes death.
(United Nations Committee Report, 2002)

The above concerns tell us that even within the areas that are recognised as spheres of
improvement for women they merely reproduce disparities between men and women in Sri
Lanka. It is a well-known fact that many of the concerns raised by the UN Committee on
Women have not been adequately addressed even to date. One of the major reasons is the

108
 underrepresentation of women in decision-making institutions, where policies are made and
implemented.
However, it should be noted that women’s participation in politics and public affairs outside the
traditional political institutions have increased due to the influence of feminist movements in the
20th century. Many organisations were formed not only to address women’s issues but also on
other issues such as conflicts, human rights, environmental issue, etc. These organisations
collaborate with the governments in their countries to work for bettering women’s lives.
Nevertheless, as I have discussed earlier, in Sri Lanka, these actions are more often identified as
‘social service’ rather than engagement in politics for social change. Therefore, there is a need in
Sri Lanka to educate the general public, especially women on about what is ‘politics’, what is
‘political’ and about citizenship.

Conclusion:
This paper addressed the question why women have been marginalised and excluded even after
national and international actors intervened to eradicate inequalities that hinder women’s
participation in the public the sphere; with special attention to politics and public affairs.
The findings of the paper shows that substantial measures have been taken by the United Nations
and the states that are bound to it, to eradicate the gender gaps in all issues related to public and
private lives of women. Various affirmative actions such as naming women’s decade, adopting
millennium goals, passing bills and conventions, and adopting quota systems, were implemented
to reduce or eradicate all forms of discrimination that hinder women’s participation as full
citizens in politics and public affairs. Following the same path, successive governments of Sri
Lanka also adopted certain mechanisms to address women’s issues and to increase their
participation at public level. Nevertheless, according to the findings of this paper, these measures
have not had a greater impact upon the changing the status quo of women in Sri Lanka and
women are still very much marginalised and excluded in politics and public affairs.
In answering to the question why this happens, one of the reasons shown in this paper is the lack
of coherency between the institutions that work to meet the goals of state on policy formation and
implementation of women’s issues and lack of coordination and efficiency. Another major reason
is that reforms have been of a selective nature and target selective groups. This is due to the fact
that women’s issues are incorporated into the overall development and poverty alleviation
programmes and projects in the country. Therefore, low income earning groups that always were
targeted for both economic and social change. As a consequence, certain segments of society of
Sri Lanka such as the middles class have been largely ignored in policies and programmes.
The findings of the paper strongly supports the idea that existing societal barriers discussed in
this paper constrain and hinder women’s participation in politics and public affairs in Sri Lanka.
It is a strong reason for failure of state reforms on women. This supports the idea that adopting
legal and political reforms itself is not going to change the situation if there is no strong effort for
changing attitudes, norms and values in existence within the society of Sri Lanka.
With that in mind, the following suggestions are made concerning policymaking institutions.

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  Examine the limits of existing reforms and take adequate measures to asses, review, and
change the policies accordingly.
 To plan island-wide awareness-raising programs on gender issues, that includes every
strata of society of Sri Lanka and not just the stake holders of particular programmes only.
 Implementing programs to educate political leadership at the highest, middle and low
level.
 Taking measures to mobilse women within political parties to pressurise the political
party leadership to include women at top level and for equal nomination in elections.
 Review the existing school curriculum on gender and development and civics and remove
texts that reinforce existing stereotypes of gender and make changes accordingly by
consulting research publications on the subject.
 Review and broaden the existing programmes for educating officers working in both state
and NGO sector.
 Implementing an action plan to encourage university authorities to introduce gender and
women’s issues into undergraduate curriculum in all universities.

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