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arrFiles=new Array();arrFiles[0]=new Array(1,"about.htm","26 Jul 2007","Woman and Media Collective - About Us ","","","Search Home : Site Map The Women and Media Collective is a women \'s organisation which aims to bring about change based on feminist principles for a society free from violence and militarization, which would pave the way for a balanced representation of women in decision-making and governance, and advocate for non-discriminatory laws and policies. • Ambika Satkunanathan National Legal Officer, UNDP • Ananda Galappatti Programme Officer – War Related Trauma Psychosocial Support Programme International War Related Trauma and Humanitarian Intervention Trust • Chulani Kodikara Deputy Director, Secretariat for Co-ordinating Peace Process • Farzana Haniffa Researcher, Muslim Peace Secretariat • Kishali Pinto Jayawardena Attorney-at-Law / Journalist • Professor Neloufer De Mel Lecturer, University of Colombo • Ramani Muttetuwegama Attorney-at-Law /Consultant, Law and Society Trust • Sagara Palihawadana Director, Services – Companions on a Journey • Sharmini Boyle Director Production, Young Asia Television • Sharni Jayawardena Television Producer / Writer • Professor Sitralega Maunaguru Lecturer, Eastern University, Batticaloa &bull; Sunila Abeysekera Director, Inform Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",19);arrFiles[1]=new Array(2,"archive.htm","26 Jul 2007","Woman and Media Collective - Archive","","","Search Home : Site Map &bull; A Case against the New Law on Domestic Violence by Shyamala Gomez. The Nation &ndash; 23 July 2006. http://www.nation.lk/2006/07/23/eyefea2.htm &bull; Protection under the New Law on Domestic Violence by Shayamala Gomez. The Daily News &ndash; 19 July 2006. http://www.dailynews.lk/2006/07/19/ (See Editorial Page) Sri Lanka NGO Shadow Report to CEDAW 2001 - [ Download PDF file] Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",15);arrFiles[2]=new Array(3,"contact.htm","26 Jul 2007","Woman and Media Collective - Contact Us ","","","Search Home : Site Map Executive Directors Kumudini Samuel Dr. Sepali Kottegoda Consultan t Director Sunila Abeysekera Programmes Women in Politics Violet Perera Publications Velayudan Jayachitra Media Rasika Deepani Legal & Policy Reform Jayanthi Kuru-Utumpala Peace &amp; Conflict Sulochana Colombage Tsunami Recovery Sulochana Colombage Administration Accounts Officer Sarath Wijesinghe Accounts Assistant Vanamali Galappatti Manager - Finance & Administration Nelika Rajapakse Women and Media Collective, 174, Alwis Avenue, Castle Street, Colombo 08, Sri Lanka. Phone: + 94-11-2690201 / 5632045 / 5635900 Fax: +94-11-2690192 Email: womedia@sltnet.lk URL: www.womenandmedia.net Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",21);arrFiles[3]=new Array(4,"document.htm","26 Jul 2007","Woman and Media Collective - Documents","","","Search Home : Site Map Legal & Policy Reform Peace & Conflict Women in Politics Media Tsunami Recovery &bull; Emergency (Prevention and Prohibition of Terrorism &amp; specified Terrorist Activities) Regulation No. 7 of 2006 English | Sinhala | Tamil &bull; Prevention of Domestic Violence Act, No.34 of 2005 English | Sinhala | Tamil &bull; Citizenship Amendment Act, No.16 of 2003 &bull; Sri Lanka NGO Shadow Report 2001 &bull; Sri Lanka 3rd &amp; 4th Periodic Country Report to CEDAW Committee (1999) &bull; CEDAW Concluding Comments on Sri Lanka (2002) &bull; CEDAW COMMITTEE Media Release 28 Jan 2002 Committee experts urge Sri Lanka to take &lsquo;Special Temporary Measures&rsquo; to advance de facto equality between women &amp; men &bull; Full Text of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) &bull; List of State parties to the CEDAW Convention &bull; Full Text of the Optional Protocol to CEDAW &bull; List of State parties to the Optional Protocol to CEDAW &bull; Joint Submission to Co- Chairs Meeting on Human Rights and Humanitarian Concerns of Women 08/09/2006 &bull; Joint Submission made to Panel of Experts on Constitutional Reform 08/09/2006 &bull; Media Statement- Women Condemn the Attack on Civilians at Kebithigollewa 16/06/2006 &bull; Press Advertisement - &ldquo;Women say No to War&rdquo; English | Sinhala | Tamil 21/05/2006 &bull; Media Release - &ldquo;Defend Women&rsquo;s Right to Work&rdquo; 27/04/2006 &bull; Memorandum to the President and LTTE English | Sinhala | Tamil 10/02/2006 &bull; Petition to Norwegian Facilitator Erik Solheim 23/01/2006 &bull; Peace Vigil Flyers Sinhala | Tamil 20/12/2005 Site Under Construction &bull; Media Release - &ldquo;Defend Women&rsquo;s Right to Work&rdquo; 27/04/2006 &bull; Press Advertisement - &ldquo;Women say No to War&rdquo; English | Sinhala | Tamil 21/05/2006 &bull; Media Statement- Women Condemn the Attack on Civilians at Kebithigollewa 16/06/2006 Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",26);arrFiles[4]=new Array(5,"index.htm","26 Jul 2007","Woman and Media Collective - Index","","","Search Home : Site Map &bull; In Pursuit of Equality - Interview with Dr.Sepali Kottegoda Daily Mirror, WOW Magazine, 22 May 2007 http://www.dailymirror.lk/sections/supp/w@w/220507/06.asp &bull; A Case against the New Law on Domestic Violence by Shyamala Gomez. The Nation &ndash; 23 July 2006. http://www.nation.lk/2006/07/23/eyefea2.htm &bull; Protection under the New Law on Domestic Violence by Shayamala Gomez. The Daily News &ndash; 19 July 2006. http://www.dailynews.lk/2006/07/19/ The Women and Media Collective aims to bring about change based on feminist principles for a society free from violence and militarization, which would pave the way for a balanced representation of women in decision-making and governance, and advocate for non-discriminatory laws and policies Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners Lanka (Pvt) Ltd ",16);arrFiles[5]=new Array(6,"legal.htm","26 Jul 2007","Woman and Media Collective - Legal And Policy Reform","","","Search Home : Site Map Since its inception, the WMC has been lobbying for policy reform in the areas of women&rsquo;s health, employment, political representation and labour. The WMC works in collaboration with government institutions in the formulation and drafting of policies and assisting with legal reform. WMC also uses the CEDAW (Convention on the Elimination of all forms of Discrimination Against Women) framework in all its work while increasing awareness on the women \'s convention and monitoring its implementation. &bull; Emergency (Prevention and Prohibition of Terrorism & specified Terrorist Activities) Regulation No. 7 of 2006 English | Sinhala | Tamil &bull; Prevention of Domestic Violence Act, No.34 of 2005 English | Sinhala | Tamil &bull; Citizenship Amendment Act, No.16 of 2003 &bull; Sri Lanka NGO Shadow Report 2001 &bull; Sri Lanka 3rd & 4th Periodic Country Report to CEDAW Committee (1999) &bull; CEDAW Concluding Comments on Sri Lanka (2002) &bull; CEDAW COMMITTEE Media Release 28 Jan 2002 Committee experts urge Sri Lanka to take ‘Special Temporary Measures’ to advance de facto equality between women & men &bull; Full Text of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) &bull; List of State parties to the CEDAW Convention &bull; Full Text of the Optional Protocol to CEDAW &bull; List of State parties to the Optional Protocol to CEDAW Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",23);arrFiles[6]=new Array(7,"legalposters.htm","26 Jul 2007","Woman and Media Collective - Legal And Policy Reform - Poster gallery","","","Search Home : Site Map Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[7]=new Array(8,"links.htm","26 Jul 2007","Woman and Media Collective - Links","","","Search Home : Site Map Inform Human Rights Documentation Centre 237/22, Wijeyakumaratunga Road, Colombo 05. Phone: + 94-11-2809538 Fax: +94-11-2809467 Email: inform@slt.lk URL: Not Available Centre for Women \'s Research (CENWOR) 225/4, Kirula Road, Colombo 05. Phone: +94-11-2369530 Fax: +94-11-2369533 Email: cenwor@slt.lk URL: www.cenwor.org Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",15);arrFiles[8]=new Array(9,"media.htm","26 Jul 2007","Woman and Media Collective - Media","","","Search Home : Site Map The representation and portrayal of women in mass media in Sri Lanka is widely acknowledged as a factor that serves to perpetuate their subordinate status. Gender-based stereotypes in the media and in school texts have attracted the attention of academics and practitioners and led to a number of calls for the creation of guidelines and self-regulatory frameworks to prevent the presentation of negative images of women, and of gender relations, in the media. Since its inception the Women and Media Collective has been using the media as a channel to create awareness and acceptance of gender equality in society, through the publishing of print material, radio and television programmes, the arts and the film industry. Beijing Platform for Action Posters by Sri Lanka Women \'s NGO Forum Cartoons: Sybil Wettasinhe / 1996 date pending &bull; Media Release - &ldquo;Defend Women&rsquo;s Right to Work&rdquo; 27/04/2006 &bull; Press Advertisement - &ldquo;Women say No to War&rdquo; English | Sinhala | Tamil 21/05/20066 &bull; Media Statement- Women Condemn the Attack on Civilians at Kebithigollewa 16/06/2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",21);arrFiles[9]=new Array(10,"mediaphoto1.htm","27 Jul 2007","Woman and Media Collective - Media - Photo gallery","","","Search Home : Site Map Beijing Platform for Action Posters by Sri Lanka Women \'s NGO Forum Cartoons: Sybil Wettasinhe / 1996 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[10]=new Array(11,"media_new.htm","27 Jul 2007","Woman and Media Collective - Media","","","Search Home : Site Map The representation and portrayal of women in mass media in Sri Lanka is widely acknowledged as a factor that serves to perpetuate their subordinate status. Gender-based stereotypes in the media and in school texts have attracted the attention of academics and practitioners and led to a number of calls for the creation of guidelines and self-regulatory frameworks to prevent the presentation of negative images of women, and of gender relations, in the media. Since its inception the Women and Media Collective has been using the media as a channel to create awareness and acceptance of gender equality in society, through the publishing of print material, radio and television programmes, the arts and the film industry. Beijing Platform for Action Posters by Sri Lanka Women \'s NGO Forum Cartoons: Sybil Wettasinhe / 1996 date pending &bull; Media Release - &ldquo;Defend Women&rsquo;s Right to Work&rdquo; 27/04/2006 &bull; Press Advertisement - &ldquo;Women say No to War&rdquo; English | Sinhala | Tamil 21/05/20066 &bull; Media Statement- Women Condemn the Attack on Civilians at Kebithigollewa 16/06/2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",21);arrFiles[11]=new Array(12,"network.htm","27 Jul 2007","Woman and Media Collective - Our Networks","","","Search Home : Site Map &bull; MOTHERS AND DAUGHTERS OF LANKA (MDL) &bull; SRI LANKA WOMEN FOR PEACE AND DEMOCRACY (SLWPD) &bull; ACTION NETWORK FOR MIGRANT WORKERS (ACTFORM) &bull; COALITION FOR ASSISTING TSUNAMI AFFECTED WOMEN (CATAW) &bull; SRI LANKA WOMEN \'S NGO FORUM (SLWNGOF) Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",17);arrFiles[12]=new Array(13,"peace.htm","27 Jul 2007","Woman and Media Collective - Peace And Conflict","","","Search Home : Site Map In recognition of the role of women in conflict resolution and conflict transformation, it is the goal of WMC to include women and incorporate gender concerns in the peace process, through consultations with relevant stakeholders including those directly affected, policy and program implementors, the state and non state entities, research, exchange programmes, media and collaborative efforts. International Women \'s Day 08/03/2007 Women \'s Peace Vigil Intl Peace Day 21/08/2006 Weekly Peace Protest at Lipton Circus 17/08/2006 Katunayake Peace Vigil 20/02/2006 Demonstration to commemorate 4th Anniversary of CFA 22/02/2006 &bull; Joint Submission to Co-Chairs Meeting on Human Rights and Humanitarian Concerns of Women 08/09/2006 • Joint Submission made to Panel of Experts on Constitutional Reform 08/09/2006 • Media Statement- Women Condemn the Attack on Civilians at Kebithigollewa 16/06/2006 • Press Advertisement - “Women say No to War” English | Sinhala | Tamil 21/05/2006 • Media Release - “Defend Women’s Right to Work” 27/04/2006 • Memorandum to the President and LTTE English | Sinhala | Tamil 10/02/2006 • Petition to Norwegian Facilitator Erik Solheim 23/01/2006 • Peace Vigil Flyers Sinhala | Tamil 20/12/2005 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",27);arrFiles[13]=new Array(14,"peacephoto.htm","27 Jul 2007","Woman and Media Collective - Peace And Conflict - Photo gallery","","","Search Home : Site Map Women \'s Peace Vigil International Peace Day - 21 Sept 2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",23);arrFiles[14]=new Array(15,"peacephoto1.htm","27 Jul 2007","Woman and Media Collective - Peace And Conflict - Photo gallery","","","Search Home : Site Map Lipton Circus Peace Picket 17th of September 2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",23);arrFiles[15]=new Array(16,"peacephoto2.htm","27 Jul 2007","Woman and Media Collective - Peace And Conflict - Photo gallery","","","Search Home : Site Map Katunayake Peace Vigil 20th of February 2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",19);arrFiles[16]=new Array(17,"peacephoto3.htm","27 Jul 2007","Woman and Media Collective - Peace And Conflict - Photo gallery","","","Search Home : Site Map Demonstration to Commemorate 4th Anniversary of Ceasefire Agreement 22nd February 2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[17]=new Array(18,"peacephoto4.htm","27 Jul 2007","Woman and Media Collective - Peace And Conflict - Photo gallery","","","Search Home : Site Map International Women \'s Day 08 March 2007 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",23);arrFiles[18]=new Array(19,"politicphoto.htm","27 Jul 2007","Woman in Politics - Photo gallery","","","Search Home : Site Map Media Conference for Independent Women \'s List 1st of March 2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[19]=new Array(20,"politicphoto1.htm","27 Jul 2007","Woman in Politics - Photo gallery","","","Search Home : Site Map Training for Women Candidates Feb 2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[20]=new Array(21,"politics.htm","27 Jul 2007","Woman and Media Collective - Women In Politics","","","Search Home : Site Map WMC is focused on improving dialogue and discussion with mainstream political parties, to promote affirmative action that will enhance women \'s political representation as well as facilitate women to contest elections, thereby increasing women&rsquo;s representation in government. Site Under Construction Media Conference for Independent Women \'s List 01/03/2006 Training for Women Candidates February 2006 Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",19);arrFiles[21]=new Array(22,"publications.htm","27 Jul 2007","::: Woman and Media Collective - Publications :::","","","Search Home : Site Map REGULAR PUBLICATIONS OPTIONS Magazine 2006 ISSUE 1 See the Contents page ISSUE 2 See the Contents page 2005 ISSUE 1 See the Contents page ISSUE 2 See the Contents page ISSUE 3 See the Contents page 2004 ISSUE 1 See the Contents page ISSUE 2 See the Contents page ISSUE 3 See the Contents page 2003 Options Magazine was not published in 2003 2002 ISSUE 1 See the Contents page ISSUE 2 See the Contents page ISSUE 3 See the Contents page ISSUE 4 See the Contents page 2001 ISSUE 1 See the Contents page ISSUE 2 See the Contents page ISSUE 3 & 4 See the Contents page 2000 ISSUE 1 See the Contents page ISSUE 2 See the Contents page ISSUE 3 See the Contents page ISSUE 4 See the Contents page 1999 ISSUE 1 ISSUE 2 ISSUE 3 ISSUE 4 1998 ISSUE 1 ISSUE 2 ISSUE 3 1997 ISSUE 1 ISSUE 2 ISSUE 3 ISSUE 4 1996 ISSUE 1 ISSUE 2 ISSUE 3 ISSUE 4 1995 ISSUE 1 ISSUE 2 ISSUE 3 1994 ISSUE 1 ISSUE 2 EYA Magazine 2006 ISSUE 1 ISSUE 2 ISSUE 3 2005 ISSUE 1 ISSUE 2 ISSUE 3 SOL Magazine 2007 ISSUE 1 ISSUE 2 2006 ISSUE 1 ISSUE 2 ISSUE 3 2005 ISSUE 1 ISSUE 2 ISSUE 3 2004 ISSUE 1 ISSUE 2 ISSUE 3 OTHER PUBLICATIONS A Hidden History: Women&rsquo;s Activism for Peace in Sri Lanka 1982-2002 (2006) Kumudini Samuel Available in English &copy; Social Scientists Association Price: 250/- Negotiating Household Politics: Women&rsquo;s Strategies in Urban Sri Lanka (2004) Sepali Kottegoda Available in English &copy; Social Scientists Association Price: 350/- Handbook for Migrant Workers (2004) Available in Sinhala / Tamil &copy; Action Network for Migrant Workers (ACTFORM) Disappearances in Sri Lanka and the Available Legal Remedies (2003) Priyadarshini Dias Available in English &copy; Women and Media Collective Price: 150/- The Role of Gender Sensitive International Justice in the Domestic Legislative Framework (2003) Sheila Varadan Available in English / Sinhala / Tamil &copy; Women and Media Collective Price: 75/- A Handbook on The Evolution of Definitions Relating to Sexual Offences (2003) Available in English &copy; Women and Media Collective Price: Rs.40/- Women&rsquo;s Right to Economic, Social and Cultural Rights - A Handbook (2003) Available in English / Sinhala / Tamil &copy; Women and Media Collective Price: 225/- Women&rsquo;s Concerns and the Peace Process: Findings and Recommendations (2002) &copy; Women and Media Collective Available in English / Sinhala / Tamil FICTION Kurban&rsquo;s Dream: A Collection of Sinhala and Tamil Short Stories (2003) &copy; Women and Media Collective Price: Rs.125/- Gothrika Premaya (Tribal Love) A Collection of Poems (2000) Anoma Rajakaruna Available in Sinhala Price: 90/- Third Night (1999) Short Stories from Kerala translated into Sinhala &copy; Women and Media Collective Price: 125/- Nil Kirillie - Radio Drama Script (1998) Sunil Wijesiriwardene Available in Sinhala &copy; Women and Media Collective Price: 100/- Women in War Time: Women&rsquo;s Poetry from Sri Lanka : A Trilingual Anthology (2002) &copy; Women and Media Collective Price: 150/- For more information please contact: Velayudan Jayachitra, Publications Officer, Women and Media Collective, 174, Alwis Avenue, Castle Street, Colombo 08, Sri Lanka. Phone: + 94 &ndash; 11 &ndash; 5632045 Fax: + 94 &ndash; 11 &ndash; 2690192 Email: womedia@sltnet.lk / options@sltnet.lk Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",82);arrFiles[22]=new Array(23,"sitemap.htm","27 Jul 2007","Woman and Media Collective - Site Map","","","Search Home : Site Map Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",15);arrFiles[23]=new Array(24,"subscribe.htm","27 Jul 2007","Woman and Media Collective - Subscribe Now","","","Search Home : Site Map Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",14);arrFiles[24]=new Array(25,"tsunami.htm","27 Jul 2007","Woman and Media Collective - Tsunami Recovery","","","Search Home : Site Map Site Under Construction Site Under Construction Site Under Construction Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[25]=new Array(26,"weeklypeace.htm","27 Jul 2007","Woman and Media Collective - Peace And Conflict - Photo gallery","","","Search Home : Site Map Women \'s Peace Vigil Intl Peace Day 21 Sept 2006 Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",23);arrFiles[26]=new Array(27,"documents/memorandom.htm","26 Jul 2007","Sri Lankan Women for Peace and Democracy","","","",2);arrFiles[27]=new Array(28,"documents/memorandom_tamil.htm","26 Jul 2007","Sri Lankan Women for Peace and Democracy","","","",2);arrFiles[28]=new Array(29,"documents/Memorandum.jpg","8 Jun 2007","Memorandum.jpg","","","",287);arrFiles[29]=new Array(30,"documents/Memorandum_Sinhala.pdf","8 Jun 2007","Microsoft Word - Memorandum - Sinhala.doc","","","udOH ksfõokhhs - 2006 fmnrjdß 10 Èk  iqrCIs; igka úrduhla iy idu idlÉPd kej; wdrïN lrk f,ig ia;%Skaf.ka wdhdpkhla \' ckdêm;sjrhd iy t,a \'à \'à \'B \' ixúOdkh fj; bÈßm;a l< ixfoaYh iduh iy m%cd;ka;%jdoh i|yd jk ia;%S Y%S ,dxlSh ia;%S tl;=j úiska \'  wm rfá ck jdrA.sl .egqug idlÑcduh  foaYmd,kuh  úiÿula i|yd lemjk Y%S ,dxlsl ldka;djka jk wm  rch iy t,a \'á \'á \'B \' ixúOdkh w;r mj;sk igka úrdu .súiqu l%shd;aul lsrSu i|yd mj;ajkq ,nk idlÑcd w.h fldg i,luq \' ikakoaO .egqu ksid miq.sh oYl foll ld,h ;=< Y%s ,dxlslhka ú|sk ,o ÿla .eyeg ms<sn| rch yd t,a \'á \'á \'B \' ixúOdkfha wjOdkh fhduqlrúug wms leue;af;uq \' úfYaIfhkau hqoaOfha ÿla .eyeg i|yd WroS we;af;a ldka;djka yd <uqka h \' igka úrdu .súiqu í| jeáu iy tosrsjdoslï wdrïNúu u.ska isÿjkafka kej;;a m%pKav l%shd yd úkdYh wm fj; ,.d úu muKs \' iEu ck fldgilgu wh;a ldka;djka hqoaOfha m%;st,hla jYfhka jekaoTqjka njg m;aj we; \' m%cdj úisrS Wkaysá ;eka wysï ú we; \' Y%s ,dxlslhkag hï muKlg idudkH ck cSú;h iduldï mrsirhla ;=, mj;ajdf.k hdu igka úrdu .súiqu bjy,a úh \' igka úrdu .súiqu Yla;su;a lsrSu i|yd idlÑcd wdrïN lsrSu w;HdjYH fú \' fuu wjia:dfú mj;ajk idlÑcd idu idlÑcd wdrïN lsrSu i|yd fhduq úh hq;= h \' uq,sl ldrKd fï idlÑcd ;=< we;=<;a úh hq;= h \' fï ksid md¾Yj lrejkaf.ka wm b,a,d isákafka wkd.;h i|yd t,odhS yd wLKavj jevigykl ksr;úu i|yd fuu wjia:dj fhdod.kakd f,ihs \' iduldï úi÷ula i|yd orkq ,nkakd jq ish¨ W;aidyhka wm w.h fldg i,lk w;r fuu úiÿu ck;djf.a ish¨ whs;Ska wdrÌdlrk wdldrhg udkj whs;sjdislï ms<sn| rduqjla u; mokï úh hq;= h \' l,a mj;akd iduhla ,.d lr .ekSug kï udkj whs;sjdislï wdrÌd lsrSfuka f;drj th isÿl< fkdyels nj rch;a t,a \'á \'á ixúOdkh;a l,amkdjg .; hq;= h \' fu u.ska fï wjia:dfú m%Odk ldrKd f,i u;=ú we;s m%pKav;ajh yd wdrÌdj ms<sn| m%Yakj,g úiÿï fidhd .ekSug bvie,fikq we; \' iduh hkq ikakoaO .egqula ksudùula muKla fkdfú \' Bg wu;rj thska ish¨ mqrjeishkaf.a whs;sjdislï wdrÌd jk yd m%j¾Okh jk idOdrK iudchla íys lsrSu woyia flfrA \'    iudcNdjh ms<sn| ldrKd iïnkaOfhka Wm lïgqjla f.dvke.Sug rch yd t,a \'á \'á \' ixúOdkh lghq;= lsrSu wm w.h lrk w;r igka úrdu .súiqu ms<sn| fï wjia:dfú mj;ajk idlÑcd j,oS iudcNdjh ms<sn| ldrKd fkdi,ld fkdyrsk f,i wm fomdrAYjfhkau b,a,d isáuq \' tfiau fuu idlÑcd i|yd ia;%sSka o iyNd.S lrúu u.ska m%dfhda.slj isú,a jeishka uqyqK fok úúO .eg¿ yd wNsfhda. iudc Ndjh ms<sn| wrA:hlska f;areï .ekSug WmldrSjk nj wms wjOdrKh lruq \' ia;%Ska hkq fuu .egqfuka yqfola mSvdjg m;a wh f,i muKla fkdolsk f,i;a idu l%shdj,sh f.dvkexúu i|yd;a Tjqka l%shdldrS iyNd.Sjkakka f,i i,lk f,i wms fomd¾Yjfhka u b,a,d isáuq \' tfyhska fï wjia:dfú mj;ajk idlÑcd j,oS;a bosrsfha oS mj;ajk idlÑcd j,oS;a ia;%skaf.a .eg¿ iy iudcNdjh ms<sn| lreKq ie,ls,a,g .kakd f,i wms fomd¾Yjfhkau b,a,d isáuq \' tfiau fï iïnkaOfhka tlai;a cd;Skaf.a wdrÌl uKav,fha 1325 fhdckdj flfrys Tnf.a wjOdkh fhduqlrjkak \' tfiau mdrAYjlrejka w;r úYajdih;a iyfhda.S;djh;a f.dvkexúu i|yd;a .egqïldrS idlÑcdj,ska neyerjk f,i fomd¾Yjfhkau b,a,d isáuq \' tfia ke;fyd;a idlÑcd w;r u. k;rjkq we;s w;r tl.;d .súiqu  j.ka;s  W,a,x.kh jkq we; \' Y%s ,dxlslhska fjkqfjka idOdrK úiÿula i|yd idlÑcdj, ksr; fjïka oYl foll ld,hla mqrd mej;s .egqu wjika úug fuh wjia:djla lr .kakd f,i wms rcfhka o t,a \'á \'á \' ixúOdkfhka o b,a,d isáuq \' tfiau l,amj;akd iduhla f.dv kexúfï wmf.a W;aidyhg ;ukaf.a o yv tla lrk f,i iduh i|yd lemjk ish¨ Y%s ,dxlslhskaf.ka o wm b,a,d isáuq \' iduh iy m%cd;ka;%jdoh i|yd jQ ia;%S tl;=j ksfhdackh lrk ixúOdk 1 \' ldka;dj yd udOH iduQyslh 2 \' bkaf*daï udkj ysñlï m%df,aLk wdh;kh 3 \' iduh iy m%cd;ka;%jdoh i|yd jQ ldka;d ikaOdkh 4 \' ixl%uKsl fiajlhska i|yd jQ ls%hdldÍ cd,h ^ACTFORM& 5 \' fivla wdh;kh 6 \' kef.kysr tlai;a ldka;d ixúOdkh 7 \' mqnqÿj 8 \' f.dú f;dr;=re uOHia:dkh  l=reKE., 9 \' ,laìfï uõjre iy ÈhKsfhda 10 \' .e,ùfï lkHd fidfydhqßhka ^Salvation Sisters& 11 \' W!j fj,a,iai f.dú ldka;d ixúOdkh  nq;a;, 12 \' ks¾udKS ldka;d moku 13 \' ia;%S uOHia:dkh  tAl, 14 \' vdì÷ tl;=j  cd-we, 15 \' m%fndaêkS  cd;sl idu ukav,h  fld,U 16 \' uqia,sï ldka;d m¾fhaIK iy l%shdldÍ tl;=j 17 \' hqoaOfhka mSvdjg m;a ia;%Skaf.a iïfï,kh 18 \' l=reifha lkHd fidfydhqßhka  le,Ksh ^Sisters of the Cross& 19 \' m%cd Ndrldr wruqo,  mq;a;,u ^CTF& 20 \' udkj ixj¾Ok wdh;kh  kqjr 21 \' ks;sm;d Wmldr lsÍfï lkHdrduh (Perpetual Help Convent) 22 \' ldka;d ixj¾Ok uOHia:dkh  kqjr 23 \' National Commission for the laity    ",186);arrFiles[30]=new Array(31,"documents/Memorandum_TAMIL.gif","8 Jun 2007","Memorandum_TAMIL.gif","","","",336);arrFiles[31]=new Array(32,"documents/petition.gif","8 Jun 2007","petition.gif","","","",68);arrFiles[32]=new Array(33,"documents/petition.htm","26 Jul 2007","Sri Lankan Women for Peace and Democracy","","","",2);arrFiles[33]=new Array(34,"documents/Sri_Lanka_Shadow_Report.pdf","21 May 2007","Microsoft Word - 05b - Sri Lanka NGO shadow report 2001.rtf","","","on the UN Convention on the Elimination of All Forms of Discrimination Against Women  Prepared by the Centre for Women \'s Research (CENWOR) November 2001    Sri Lanka Shadow Report  on the UN Convention on the Elimination of All Forms of Discrimination Against Women  Prepared by the  Centre for Women \'s Research (CENWOR) December 2001  With technical assistance from International Women \'s Rights Action Watch ­Asia Pacific (IWRAW ­AP)    ii    CONTENTS  Page  Preface  v  Executive Summary  1  Articles 1 ­ 4  6  Article 9  12  Article 10  13  Article 11  23  Article 12  40  Articles 15 and 16  56  General Recommendation 19  60  iii    iv    Preface  The NGO alternative report was originally published by the Sri Lanka Women \'s NGO Forum (SLWNGOF) in 1999. Updating the 1999 report, in addition to its compilation and publication was co-ordinated by the Centre for Women \'s Research (CENWOR) ­ a constituent member of the SLWNGOF - in 2001, with technical support from the International Women \'s Rights Action Watch - Asia Pacific (IWRAW ­ AP).  The national machinery for women which comprises the Ministry of Women \'s Affairs, the Women \'s Bureau and the National Committee for Women (NCW) are tasked with formulating State policy on women \'s issues and its implementation respectively. The State policy on women in Sri Lanka is articulated in the Sri Lanka Women \'s Charter of 1993, which is based on CEDAW and was a collaborative effort of the national machinery and women \'s NGOs. Seven areas of concern, specific to women in Sri Lanka (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) are addressed in the Charter. The Charter provides for the establishment of the NCW which comprises experts from fourteen sectors and a Chairperson, who are appointed by the Executive President. The NCW is mandated to monitor and ensure the implementation of the provisions of the Charter. However, the Charter is only a policy document and has no legal binding.  Sri Lanka ratified the Women \'s Convention in 1981 without any reservations. The Sri Lankan government presented its first report to the CEDAW Committee in 1986 which was followed by a second report in 1992. Thereafter the government has not met its reporting commitments to the CEDAW Committee. The government is expected to submit its third and fourth reports (combined) in January 2002. Hence this alternative report which is an NGO initiative, is in response to the envisaged State report.  The alternative report contains a critical assessment of the status of Sri Lankan women in terms of selected areas of concern; and as such deals with articles 1, 2, 3, 4,  v    9, 11, 12, 15 and 16 of the UN Convention on the Elimination of All Forms of Discrimination Against Women (UNCEDAW), and General Recommendation 19 of the Committee.  The first shadow report published by SLWNGOF used a participatory approach in identifying the areas of concern to Sri Lankan women, and in gathering relevant data for the report. Fifty four NGOs representing all nine provinces of the island participated in the initiative in 1996. The framework for data collection was provided by a questionnaire prepared by the IWRAW and the Commonwealth Secretariat \'s `Assessing the Status of Women. \' Sinhala and Tamil translations of the questionnaire were sent out to the network organisations of the SLWNGOF, some of who responded with relevant information. The data thus received were used as the basis for compilation of the report by experts on the relevant areas of interest; Education (Article 10) ­ Prof. Swarna Jayaweera, Employment (Article 11) ­ Dr. Sepali Kottegoda, Equality in Access to Health Care (Article 12) ­ Dr. Kamini Alahakone, Equality before the Law and in Civil Matters (Article 15) and Equality in Marriage and Family Law (Artcile 16) ­ Ms. Kishali Pinto Jayawardene; and the report was edited and introduced by Ms. Sunila Abeysekera.  In 2001, the participation of NGOs was sought in updating the shadow report, in anticipation of the presentation of the government report to the CEDAW Committee at the forthcoming sessions in January 2002. A preparatory meeting was held in October 2001, where the several NGOs that participated gave relevant inputs to the existing information; others who were unable to be present submitted their responses for consideration and inclusion. In keeping with the guidelines prepared by IWRAW ­ AP, and the Commonwealth Secretariat \'s `The Convention on the Elimination of All Forms of Discrimination Against Women: The Reporting Process ­ A Manual for Commonwealth Jurisdictions, \' and the Concluding Comments on the Committee of the government \'s report of 1992; the sector experts from several NGOs were tasked with updating the different sections of the report ­ Discrimination (Articles 1 and 2), Fundamental Rights (Article 3), Affirmative Action (Article 4), Nationality (Article 9), Equality before the Law in Civil Matters (Article 15) and Equal Rights during Marriage and its Dissolution (Article 16) ­ Ms. Camena Guneratne; Equal Rights in Education (Article 10) ­ Prof. Swarna Jayaweera; Elimination of Discrimination in  vi    Employment (Article 11) ­ Dr. Sepali Kottegoda; Equal Access to Health Care and Family Planning (Article 12) ­ Dr. Kamini Alahakone; Violence against women (General Recommendation 19) ­ Ms. Kumudini Samuel. The report is introduced by Ms. Faizun Zackariya and is edited by Ms. Kamalini Wijayatilake. The following NGOs gave inputs for the participatory exercise in connection with compiling this Shadow Report. Their valuable contributions are acknowledged with thanks. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. All Ceylon Women \'s Buddhist Congress - Colombo Agromart Foundation ­ Colombo Centre for Women \'s Research ­ Colombo Centre for Women and Development - Jaffna Christian Workers \' Fellowship ­ Ja-Ela Community Education Centre - Malabe Da-Bindu ­ Ja-Ela Empowered Women \'s Forum - Moneragala Hanguranketha Women and Children \'s Forum ­ Hanguranketha Hill Country Women \'s Forum ­ Polgollawatte Human Rights Organisation ­ Moneragala INFORM ­ Colombo Institute of Policy Studies - Colombo Kantha Shakthi ­ Colombo and Balangoda Lawyers for Human Rights and Development ­ Colombo Muslim Women \'s Research and Action Forum ­ Colombo Penn Wimochana Gnanodayam ­ Hatton Raja Rata Aapada Sahana Sevaya ­ Anuradhapura Raja Rata Kantha Padanama ­ Kekirawa Rural Women \'s Front ­ Kirindiwela Rural Women \'s Organisation ­ Hambantota Rural Women \'s Organisation Network ­ Galle Sarvodaya Women \'s Movement ­ Moratuwa Sinhala Tamil Rural Women \'s Network ­ Nuwara Eliya Siyath Foundation ­ Colombo and Hikkaduwa South Asia Partnership - Sri Lanka - Colombo Sri Lanka Federation of University Women ­ Colombo Sri Lanka Muslim Women \'s Conference ­ Colombo Sri Lanka Women \'s Conference - Colombo Sri Lanka Women Lawyers \' Association - Colombo Sri Lanka Women \'s NGO Forum ­ Colombo Suriya Women \'s Development Centre ­ Batticaloa The Women and Media Collective ­ Colombo Uva Wellassa Women Farmers \' Organisation ­ Buttala Vehilihini Development Centre ­ Siyambalanduwa Voice of Women - Colombo Weera Seva Sansadaya ­ Rambukkana Wilpotha Women \'s Savings Effort ­ Chilaw  vii    39. 40. 41. 42. 43. 44. 45.  Women \'s Counselling Centre - Ratnapura Women \'s Development Centre ­ Kandy Women \'s Development Federation - Hambantota Women \'s Development Foundation ­ Akkaraipattu Women \'s Development Forum ­ Batticaloa Women \'s Development Foundation ­ Kurunegala Women in Need - Colombo  Centre for Women \'s Research (CENWOR) December 2001  viii    Executive Summary  The latest census for Sri Lanka compiled in the year 2001 has put the country \'s total population at a figure of 19 million, with 50.8 % females. The figure excludes some districts in the Northern and Eastern provinces where the census could only be partly held or not held at all and therefore does not represent the actual situation islandwide. Moreover, it does not take into account factors of out-migration and in-migration as well.  Traditionally Sri Lanka has faired well in terms of basic social indicators like life expectancy, literacy, school enrolment, infant mortality, child mortality, maternal mortality and composite qualitative indices such as Human Development Index and Gender Development Index. However these indices have to be carefully analysed in terms of political-structural and regional imbalances within the country, which in turn has its implications for women placed in disadvantaged positions. In particular the impact on health, education, employment and human freedoms is indeed striking.  The political agenda of the government has been dominated by the twin challenges of sustaining the economy amidst the onslaught of globalism and the impact of the International Financial Institutions (IFIs); various Trade Agreements on the one hand, and on the other the continuing pressure of a growing defence budget on account of the war, which is in the range of 5-6% of GDP. Tensions in the state-civil society relations and effective governance were also evident.  Sri Lanka is a signatory to the International Convention on Protection of Migrant workers. This is another obligation that the state has entered into besides the UN Convention on the Elimination of All Forms of Discrimination against Women signed in 1981 and other international instruments like the Bill of Human Rights, the International Covenant on Civil and Political Rights, the Covenant on Economic Social and Cultural Rights, the Convention against Torture. In toto these state obligations underline that discrimination on grounds of sex amounts to human rights violations.  1    Human Rights and Violence Against Women The war economy had its consequences on the national polity. Increased incidence of violence against women, on account of their gender and by reason of their ethnic origin were vulnerable as a target for both state- military and non state armed groups. By using the ethnic conflict and `emergency laws \', regular legislative law enforcement procedures have more often been by passed. Detentions, disappearances, women being held in hostage, mass arrests and cordon and search operations are very common in the conflict zones. Another distinct feature of war- induced displacements is the growing number of war widows and female- headed households. It has been recorded (in 1994) that 21% of the population (excluding the North and East) was female headed and this figure is bound to have increased with acceleration of the war and new recruitments to the military.  Though reforms have been made to the Penal Code (1995) offering a sense of legal equality, it is still problematic the way law, enforcement mechanisms (procedural & administrative) and practice enmesh. Lapses in substantive law have not been wholly addressed; for example where it concerns unnatural offences, incest and marital rape. Records of complaints, media reports and police statistics point to a high incidence of domestic violence. Constitutional guarantees are still lacking to recognize violence against women as a human rights violation. Further, changing social and judicial attitudes in dealing with cases of women victims still remains a major challenge. The National Committee on Women (part of the National Machinery) set up a `Centre for Gender complaints \' in 1999 but structural and institutional barriers constrain effective remedies for women seeking assistance. The special `Women and Children \'s Desks \' set up in 34 police stations to receive complaints seem inadequately equipped in terms of staff competence, sensitivity and accessibility. Women in general are still reticent to bring forward complaints due to reprisals, lack of knowledge and `fear of the court \'.  Governance and Democracy The Constitution of 1978 while providing for non- discrimination on grounds of sex, prohibits judicial review of past legislations. Such laws violating constitutional standards and guarantees continue to coexist until there is a parliamentary amendment. Glaring examples are, personal and family laws, women \'s rights to State  2    grants of public land, criminalisation of abortion and prostitution.  The other  limitation imposed on effecting constitutional provisions is the clause that violations can be brought about only if it concerns State parties and not non State violators. With an expanding emphasis on neo-liberal policies and `freedom of the market \', private sector accountability in this area is considered critical.  The absence of public interest litigation under the present constitution is a serious drawback especially in instances where individual women cannot litigate on their own accord. This has meant that rights violations cannot be taken up in the Supreme Court by women \'s organisations and human rights organisations on behalf of affected parties or in the national interest. Citizen \'s right to freedom of information has not been included as a fundamental right, which has also contributed to a lack of transparency in political and civic governance. Women \'s political representation has declined from 4.8% in 1994 to 4.0 % in 2000 - an indicator of women \'s reluctance towards political participation, the lack of interest of political parties to promote women and the prevailing culture of violence.  Employment, Education and Health The number of women in the labour force continued to increase within the domestic economy and in the West Asian countries. In 2000, 96.7% of migrant workers were housemaids remitting a total of 20 % the total foreign exchange earnings. But the plight of these workers has not changed much as far as protection of workers \' employment rights and terms & conditions of employment are concerned.  In the FTZs, 80% of workers are single women and 70% of the women are between the ages 17-25. Nearly 450,000 workers are employed in the garment industry which amounts to 52% of exports from Sri Lanka. The shift of women \'s labour into low paid occupations shows a marked increase in the last ten years from 26.5% to 31.0%. The trend is towards feminisation and casualisation of employment especially in subcontracted labour arrangements, which remains unregulated by the formal labour legislation. Women domestic workers are still unorganised and not part of the formal sector. Wage discriminations still exist in some sectors of employment especially in the informal sector. It has been found that in some instances, even existing labour regulations as regards maternity leave and benefits are not implemented in the  3    private, public sectors and the free trade zones. Paternity leave is still an undecided factor though the Ministry of Women \'s Affairs tried to initiate legislation. Sri Lanka has also withdrawn from the ILO Convention prohibiting night work for women. Thus there are clear indications that women workers are vulnerable to extreme forms of exploitation, violence and sexual harassment.  Women \'s household work remains unvalued and uncalculated as productive contribution to the national economy. This is compounded by the given ideology that still regards male as head of households and female heads have been discriminated in accessing social security and other State benefits in certain areas. women \'s groups to remedy this is still under negotiation. Attempts by  As far as education is concerned, women have had equal rights to education but the regional disparities in accessing quality education remains, due to district wise imbalances. Here again the situation in the North and East has been excluded from the statistical compilations. In these zones of war, multiple displacements and lack of access to education have resulted in deprivations in this regard where both boys and girls are adversely affected.  Gender role stereotyping in the curriculum prevails as much as behavioural expectations and self- perceptions of educators, women and their families regarding `culturally appropriate \' courses. Policy level changes including policy analysis are woefully lacking in this regard.  According to the latest census, overall female life expectancy of 75.4 is higher than the male, which is 70.74. However, with an ageing population and the majority being women, the quality of health care and its outreach is inadequate to cover all sectors and regions. Women needing health care in the conflict zones are exposed to greater risks due to lack/non existence of services as well as inability to access services in time, due to security problems. The differential health status of women interregionally, (outside the conflict zones) also remains to be addressed.  An increase in abortions has been observed and most often these are done illegally. The incidence of STDs also shows an increase over the last 3 years. Special needs of  4    traumatised women of all ages and all ethnic groups are being marginally dealt with by some NGOs, but the problem of dealing with the longer term psycho-social effects has to be a priority for State level policy interventions.  Women \'s Agenda Women \'s organisations, Women \'s coalitions and the Women \'s NGO Forum have continuously agitated for peace and against violence and discrimination of all forms. They have also contributed to the debates on meaningful devolution as a means of resolving the ethnic conflict with sensitivity to the issue of women \'s rights as human rights. Lobbying for policy level changes consistent with the constitutional provisions and international human rights standards will remain on the agenda of women. The Women \'s Charter of 1993 based on the CEDAW remains to be translated into a legally binding instrument. The National Committee on Women has been mandated with monitoring the implementation of the provisions of the Women \'s Charter but lacks institutional back up. Converting the National Committee on Women to the proposed National Commission with quasi-judicial functions is still in the making. The National Plan of Action on Women revised in 2000 is yet to be successfully implemented.  5    Articles 1 - 4  Article 1 For the purposes 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 of 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 2 States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and to this end, undertake; (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realisation of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, organisation or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;  6    (g)  To repeal all national penal provisions which constitute discrimination against women.  Article 3 States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.  Article 4 1. 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 measure shall be  discontinued when the objectives of equality of opportunity and treatment have been achieved.  2. Adoption by States Parties of special measures, including those  measures  contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.  The Context with Respect to Human Rights and Democracy in Sri Lanka The Sri Lankan Constitution of 1978 provides for the protection of the fundamental rights of its citizens in Chapter III. These rights include the right to equality and Article 12 states that all persons are equal before the law and are entitled to the equal protection of the law. The Article further provides that no person shall be  discriminated against on certain specified grounds including sex. And further, a more debatable provision states that nothing in this Article shall prevent special provision being made by law, regulations or administrative action for the advancement of  women, children and disabled persons .  7    There are some limitations on the effectiveness of the constitutional provisions. Although the Constitution provides for gender equality, there is no provision for judicial review of legislation and courts cannot review laws which were in place prior to 1978 when the Constitution was enacted. Consequently, several laws which violate these standards are still on the statute books and discriminatory administrative action grounded on these laws remains legal. These laws will remain on the statute books until they are amended by Parliament.  Some further limitations on the effectiveness of the constitutional provisions is the fact that remedies for their violation are available only as against the State and not against the private sector. The increasing role of the private sector particularly as an employer makes it imperative that the equality provisions should extend to this area as well.  An action for a remedy consequent to the violation of a fundamental right has to be brought within a one month period of the violation taking place, in effect preventing many women from using the established procedure. The right to freedom of  information has not been included as one of the fundamental rights. This enables the executive to take arbitrary action on various issues without being required to base their actions on specified rules or regulations.  There is no provision for public interest litigation in the Sri Lankan Constitution. Therefore only a woman directly affected by the violation of her rights can bring a petition before the Supreme Court for a remedy. However, many women lack the resources to file such actions or may be unaware of their legal rights. The absence of a provision for public interest litigation prevents women \'s and human rights organisations from filing cases on behalf of affected women who may be unable to do so themselves.  The Sri Lankan Government approved the Women \'s Charter of 1993 which reflects the provisions of CEDAW and elaborates on the steps the State should take in ensuring the equal rights of women. However, this Charter is only a policy document and has no legal force.  8    There is a fairly comprehensive national machinery to implement State action regarding the status of women. A Ministry of Women \'s Affairs at Cabinet level was established in 1988. The Woman \'s Bureau was set up in 1978 and the National Committee on Women was established in 1993. The Committee is mandated with overseeing the implementation of the Women \'s Charter. Its most recent venture was to establish a Gender Complaints Unit to receive complaints on gender based discrimination. The Bureau is more project based and focuses mainly on issues such as income generation. The effectiveness of this machinery however is limited.  Violence against women remains the most significant area of indirect discrimination. Although the Penal Code provisions on sexual violence were amended and enhanced in 1995, several shortcomings still exist both in the substantive law and in its implementation. An important omission in this regard is the absence of both  procedural and substantive laws which specifically deal with domestic violence.  Land Rights The existing legal framework on land rights in the context of State grants of public land to citizens, discriminate against women both in law and in practice. Grants of State land in agricultural colonisation schemes are made to the male with the female spouse receiving no rights. Inheritance rights under the land settlement laws are founded on a concept of primogeniture which favours the male heirs over the female.  The laws on land rights pre-date the Constitution and they remain valid in spite of their inconsistency with the constitutional provisions on equality. Since these laws cannot be challenged in the Courts, State action is required to bring them in line with the constitutional standards. The State has made no effort to amend either the laws or the administrative practices carried out under them.  Commercial Sex Workers Sri Lankan law does not criminalise prostitution in itself. The law relating to  prostitution is found in the Vagrants Ordinance and the Brothels Ordinance. The former makes provision to arrest those soliciting on the public roads and the latter makes it an offence to live off the earnings of prostitution.  9    Women engaged in commercial sex work are routinely arrested by the police and charged in court. Women under detention in the police stations are frequently subject to abuse. Fines are imposed on them and if they are unable to pay, they are then sent to State detention homes. Similarly, the police raid brothels and take the women into custody rather than the owners and others involved in procuring. This is, in spite of the fact that the law is intended to penalise the brothel owners rather than those working in them. These laws are also not subject to judicial review and require legislative amendments to make them consistent with the principles of equality in CEDAW.  Recommendations 1. Provisions enabling judicial review of legislation should be introduced into the Constitution of Sri Lanka to enable the courts to review the constitutionality of legislation particularly in the light of the fundamental rights provisions. These provisions should be made applicable to all laws presently in force and future laws.  2. The fundamental rights provisions in the Constitution should be made applicable to both State and private sector in the light of the latter \'s increasing role in the social, economic and political context.  3. The time period for filing a fundamental rights action should be extended, as the current period of one month effectively precludes many victims of such violations from obtaining redress.  4. Provisions permitting public interest litigation should be introduced into the Constitution enabling interested persons from filing action on behalf of those who are unable to do so, or in order to obtain a judicial ruling on issues of public interest.  5. Provisions of the Women \'s Charter should be enacted into law and given legal force.  10    6. Since the Constitution of Sri Lanka makes provision for special treatment for (among others) women, there is nothing to prevent the State from implementing such measures when they are found to be necessary. Therefore such action should be taken in appropriate instances.  7. The Optional Protocol to CEDAW should be ratified.  11    Article 9  1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.  2.  States Parties shall grant women equal rights with men with respect to the nationality of their children.  Sri Lankan women married to foreign men are unable to pass on their nationality to their children, since the citizenship laws specify that married women cannot pass on their citizenship to their children. This issue is grounded in the Citizenship Act of 1948 which cannot be judicially reviewed by the Courts, and it would therefore require legislative amendment to bring it in line with the relevant human rights standards.  Recommendation 1. The laws which preclude the child of a Sri Lankan mother and a non Sri Lankan father from taking his/her mother \'s nationality be amended to permit the parents to choose the nationality of the child.  12    Article 10  States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:  a)  The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;  b)  Access to the same curricular, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;  c)  The elimination of any stereotyped concept role of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbook and school programmes and the adaptation of teaching methods;  d) e)  The same opportunities to benefit from scholarships and other study grants; The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;  f)  The reduction of female student drop-out rates and the organisational programmes for girls and women who have left prematurely;  g)  The same opportunities to participate actively in sports and physical education;  h)  Access to specific educational information to help to ensure the health and well being of families, including information and advice on family planning.  13    Legislation Policies and Regulations ­ Right to Education The Directives of State Policy (1978 Constitution Sec. 27) set a goal of eradication of literacy and universal access to education at all levels. Free education at primary, secondary and tertiary levels was introduced in 1945. Financial incentives have been provided over the years, such as island-wide scholarship schemes at the end of primary education and at entry to university, free textbooks, subsidised transport, two free school uniforms a year and an allowance for the mid-day meal at times. Compulsory education regulations, for which enabling legislation was provided in the Education Ordinance of 1939, were introduced only with effect from January 1998 as a component of the on-going educational reforms. The state has accepted the right of every child to education for over five decades.  Although Sri Lanka ratified CEDAW in 1981, it was the ratification of the UN Convention on the Rights of the Child (1989), the Jomtien UN Declaration on Education for All (1990), and the thrusts of the SARRC Summits on children and the Declaration of the 1990s as the SAARC Decade of the Girl Child that stimulated a complacent administration to re-focus on educational opportunity. The reform proposals of the National Education Commission appointed in 1991 are being translated into action since 1997 -  the year of educational reform . The Women \'s Charter which was accepted as state policy in 1993 but has not been incorporated yet in legislation, reaffirms the concept of gender equality in educational opportunity.  Current Situation School Enrolment Gender disparities in enrolment are minimal in the 5 ­ 14 and 15 ­ 19 age groups (Tables 1 and 2). Participation rates are slightly higher for girls in the latter age group in both urban and rural sectors. In fact, there have been over 50% girls in secondary school for more than two decades ­ 48.5% in grades 1 ­ 5, 50.5% in grades 6 ­ 11, and 57.5% in grades 12 ­ 13 in 1998 (Table 3).  Drop-out  rates are higher for boys (Table 4), except in rural Muslim and plantation labour families. Nevertheless only 55% of the girls and 53% of boys of the 15 ­ 19 years age group are enrolled in school and around 25% reach grades 12 and 13. Socio-economic constraints however, affect the access of both girls and boys to quality education. In the mid 90  \'s, 44% girls and 42% boys in the 3 - 5 age group were enrolled in pre-school.  14    The conflict situation and civil war in the North and East has had an adverse effect on educational opportunities for girls and women as the operation of the school system has been disrupted intermittently. Children in internally displaced families including those in temporary camps have problems in accessing quality services.  Studies have found that gender differences hardly exist in abilities and in performance at the year 5 scholarship examination and in the GCE Ordinary Level examination after ten years of schooling. Grade repetition rates have been lower for girls than for boys over recent decades. At the GCE Advanced Level examination however, more girls than boys qualify for university entrance but a lower proportion are eventually admitted as they fail to achieve the high scores that determine admission. The most striking differences in performances are associated with socio-economic disparities and district wise imbalances rather than gender.  Scholarships are given on the basis of merit and income criteria and there is therefore no gender differentiation.  Literacy The cumulative effect of the expansion of primary education has been the rising literacy rates of women from 46.2% in 1946 to 82.2% in 1981 as compared with male literacy rates of 76% and 90.5% in those two census years (Table 5). The expansion of educational opportunity virtually stagnated in the 1980s due to economic reform programmes that have affected the state educational system. There has been an increase in literacy rates in the 1990s to 92.5% male and 87.9% female literacy in 1944 and to 94.3% male and 89.4% female literacy in 1997.  There are no gender disparities in the literacy rates of the population below 45 years an outcome of the free education policies introduced in 1945. Disparities are wide in the older age groups and literacy or functional literacy has received low priority in an environment of complacency caused by the relatively high literacy rates in Sri Lanka as compared with the rest of South Asia excluding the Maldives.  15    Curriculum Sri Lankan schools have a largely uniform curriculum up to grade 10. Gender based diversification has been seen however in the allocation of students after the common Life Skills programme in grade 6 and 7 to subjects such as wood work and metal work for boys and home science for girls. Common core courses in technical skills are being introduced in Grade 6 to 9 under the current educational reforms. The influence of gender roles stereotypes is seen still in text books and other curriculum materials, in the `hidden \' curriculum, and particularly in the different behavioural expectations of girls and boys in schools in respect of personality qualities. It is also seen in the self-perceptions of girls which lead them to opt for arts courses, for biological sciences in preferences to physical sciences, and for culturally ascribed `feminine \' vocationally related courses.  Sports are a focus of attention in Sri Lanka currently and young women have achieved international distinction, but the differentiation between games suited for women and for men persists in social perceptions.  Education policy or curriculum policy has not made any strong effort to counter the impact of gendered socialisation through the education process. The current reforms will hopefully make teacher education more gender sensitive, as gender issues have been incorporated in the curriculum. Hardly any purposeful action has been taken but CENWOR for instance is hoping to fill the lacunae in gender sensitive materials for use in State institutions.  University Education University entrance is highly competitive, and only 3% to 4% of the relevant age group can find places in the 12 universities. Alternative opportunities for higher education are minimal.  The percentage of women in the university student population had increased to 44% by 1970 and was 45.7% in 1998. The percentage of women students of total admission to universities has been around 51% since 1997 and was 51.5% in 1999. The faculty wise distribution of university students reflect gendered social norms. Around 45% to 50% of the enrolment in medical, dental, veterinary, agriculture,  16    management and around 60% to 70% in arts and law courses are women; but the low percentage of women in engineering related courses - 12% to 14% - has not changed over the last two decades (Table 6).  Vocational Education Women are most disadvantaged in the vocational education sector as gender role assumptions limit them to a narrow range of `suitable \' skills. Vocational education facilities in the country are inadequate to meet the needs of female and male school leavers and they have had few linkages with the labour market except in the apprenticeship programme until the on-going educational reforms. Even the existing facilities in technical related training are under utilised by women whose socialisation has created aspirations for `feminine \' courses.  Consequently, around 70% of women students in Technical Colleges are enrolled in commerce and secretarial courses; 85% to 90% of women trainees in the programmes of the Vocational Training Authority, the National Apprenticeship Training Authority, the National Youth Services Council, the Non Formal training courses of the Ministry of Education, and the training centres of the Ministry of Rural Industries are enrolled in sewing, home science and secretarial courses. Representation of women within agriculture courses is low in a country in which half the female labour force is in the agriculture sector. The construction industry uses women in physically arduous tasks, but the enrolment of women in skills training programmes connected to the construction industry is minuscule.  Counselling Vocational information and counselling have no place in the education system at present. The counselling programme, which is being introduced in schools, is envisaged to provide some guidance. Technical ­ vocational authorities are also more conscious of this need in the introduction of reforms in the technical ­ vocational sector. A frontal attack on gender role stereotypes has yet to come. Only a few NGOs are engaged in promoting advocacy, information and training in `non traditional \' courses. Many women who leave school in search of employment have access largely to low skill jobs such as on ­ the ­ job assembly line training in semi-skilled tasks that meet the demand for low cost female labour.  17    Adult Education Adult education has received low priority conceptually. Continuing education for the majority of women takes the form of family health and `income generating programmes \' organised by state agencies and NGOs which have very limited inputs in the skills training and technology required for occupational mobility and economic development.  Teachers and Education Professionals Teaching has been attractive over the years as a `suitable \' occupation for women and 67% of teachers are currently women, with disproportionate numbers at lower qualification levels. There is a higher cut off mark for women for admission to teacher education institutions, on the grounds that more women are eligible for admission on performance, while residential facilities for students have been constructed on the basis of a 50:50 student composition. Representations have been made to the authorities regarding this manifestation of gender inequality in access to professional education.  What is more significant is that few women are principals of co-education schools which constitute the majority of schools in the country. Overall, only around 25% of all principals are women. In the Sri Lanka Education Service which comprises administrators and principals of schools, there are no women at the top in class I. In the universities, the position has improved in recent years, as one third of the academic staff and around 10% of Professors are women. It was only in 1999 that a woman was appointed Vice Chancellor of the University of Colombo, the first woman to hold such a high post within the University system. Another woman became Vice Chancellor of the Open University in 2000. Currently, therefore, 16.7% of Vice Chancellors are women.  Conclusion Women have had equal rights to education in policy, legislation, and substantially in general education over several decades. Impediments to gender equality have been (i) the impact of gender role stereotypes on the perceptions of educators, families and women themselves,  18    (ii)  complacency at official level regarding the need to eliminate them and to monitor the achievement of equality in all educational institutions, and  (iii)  the socio-economic constraints of poverty groups.  The current educational reforms, introduced gradually in the school system, in universities and in technical and vocational education since 1998, provide an opportunity for interventions to counter (i) and (ii). We hope this opportunity will be utilised but curriculum revision and development have yet to be perceived as fruitful strategies in reducing gender disparities in enrolment.  Recommendations 1. The State should resist all pressures to dismantle the scheme of free education which has been a major instrument for promoting gender equality in educational opportunity.  2. The State needs to monitor closely the implementation of compulsory education regulations and to re-activate the moribund local compulsory education monitoring committees.  3. The current scheme of providing a senior secondary school with science education facilities in each administrative division to ensure a more equitable distribution of educational opportunities should be implemented vigorously.  4. Gender sensitive and competent persons should be invited by the State to assist curriculum developers in eliminating gender role stereotypes in educational materials and in introducing appropriate content.  5. The new counselling programme in schools needs to focus also on vocational counselling in order to motivate women to seek entry to more diversified tertiary education and vocational training programmes to facilitate their access to remunerative employment.  19    6. The practice of using different cut off points for women and men candidates applying for teacher education institutions should be abandoned from 2002.  Table 1 Educational participation rates Urban, Rural -1981 Total Male Female 84.5 84.2 82.9 81.8 83.7 83.6 41.2 42.7 8.7 9.0 56.0 55.6 Urban Male Female 86.4 86.9 86.4 84.4 86.4 85.6 44.9 48.0 9.4 10.2 55.3 57.3 Rural Male Female 84.1 83.6 82.1 81.1 83.1 82.4 40.02 41.3 9.1 8.7 56.3 55.1  Age 05- 09 10- 14 05- 14 15- 19 20- 24 05- 24  Total 84.4 82.4 83.7 41.9 8.9 55.8  Total 86.6 85.2 85.9 46.7 9.7 56.6  Total 83.8 81.6 82.7 40.6 8.7 55.7  Source: Based on Census Report 1981  Table 2 Educational participation rates - 1994 Age group 5- 9 Year 10- 14 Year 5- 14 Year 15- 19 Year 20- 22 Year 5- 22 Year Total 83.9 94.4 89.5 54.5 4.7 61.8 Female 83.9 94.4 89.5 55.3 4.6 61.4 Male 84.0 94.3 89.4 53.4 4.7 62.2  Source: Demographic Survey 1994, Department of Census and Statistics, Colombo  Table 3 Percentage of girls of total enrolment in schools 1985 Female enrolment % 914,209 421,354 397,719 819,073 22,682 35,186 18,836 76,704 1,809,986 1998 Female enrolment No 873, 633 665, 753 378, 888 1, 044,641 23, 657 94, 096 34, 119 151, 872 2, 070,146  School years 1­5 6­8 9 ­ 11 6 ­ 11 12 - 13 Science 12 - 13 Arts 12 - 13 Commerce 12 - 13 Total 1 ­ 13  Total enrolment No 1,898,434 850,421 758,440 1,608,856 49,144 49,924 33,722 132,790 3,640,080  % Female No 48.2 49.5 52.4 50.9 46.2 70.5 55.9 57.8 49.7  Total enrolment % 1, 801,387 1, 342,459 727, 157 2, 069,416 53, 039 140, 728 70, 268 264, 035 4, 134,838  % Female % 48.5 49.6 52.1 50.5 44.6 66.0 48.6 57.5 50.1  Source: Annual School Census, 1993, 1998, Ministry of Education  20    Table 4 School dropout rate by level of education Year Primary education Total 2.95 2.72 3.25 2.54 2.44 Girls 2.69 2.50 3.03 2.46 2.28 Boys 3.19 2.92 3.45 2.81 2.59 Secondary education Total Girls Boys 5.50 4.63 6.37 6.17 5.19 7.12 6.27 5.30 7.20 6.22 5.12 7.30 5.46 4.15 6.39  1985 1987 1990 1991 1992  Source: Ministry of Education  Table 5 Literacy by sector and sex Census 1946 Census 1953 Census 1963 Census 1971 Census 1981 LF & SE Survey 1985/86 84.2 88.6 80.0 89.1 92.4 86.1 84.6 88.5 80.7 59.4 74.5 45.9 House hold survey 1991 86.9 90.0 83.8 92.3 94.0 84.3 87.1 89.9 84.3 66.1 79.0 52.8 Demographic survey 1994 90.1 92.5 87.9 93.2 94.8 91.8 89.5 92.1 87.1 Central Bank 1996/97  All Island Total Male Female Urban  Total  62.8 76.5 46.2 76.2 84.5 65.7 60.1 74.7 43.0  69.0 80.7 55.5 82.6 88.5 74.1 66.4 79.0 52.4  76.8 85.6 67.1 87.7 91.8 82.5 70.1 83.9 63.6  78.5 85.6 70.9 86.2 90.3 81.5 76.2 84.1 67.9  86.5 90.5 82.8 93.3 95.3 91.0 84.5 89.0 79.9  91.8 94.3 89.4 94.5 96.1 93.0 92.3 94.5 90.4 76.9 87.2 67.3  Male Female Rural Total Male Female Estate Total Male Female  (i) Labour Force and Socio-economic Survey 1985/86, Dept. of Census and Statistics (ii) Household Income and Expenditure Survey 1990/91 Demography Survey 1994, Dept. of Census and Statistics, Excluding North and East (iii) Central Bank of Sri Lanka Consumer Finance and Socio-economic Survey 1996/97 (iv) Census 1946,1953,1963,1971,1981, Dept. of Census and Statistics  21    Table 6 Faculty ­ wise distribution of university students Facilities 1966 Total %F 1551 95 70 83 571 25 802 72 10902 14171 28.8 37.9 14.3 13.3 1.9 24.6 26.4 41.7 37.3 1975 Total %F 1239 193 108 390 1210 73 1797 889 144 6425 12648 47.1 55.9 49.9 25.6 10.4 28.8 30.7 29.6 42.4 49.4 40.7 1992 Total %F 3869 407 261 1517 3082 211 5640 5555 924 9207 30637 42.9 52.1 44.1 44.6 12.2 47.4 41.6 44.1 56.9 55.9 44.4 2000 Total %F 5555 538 387 2281 4224 321 8025 10360 795 15565 47871 43.5 52.8 47.5 49.1 14.9 37.1 41.3 48.2 71.4 60.2 47.8  Medicine Dentistry Vet. Science Agriculture Engineering Architecture Science & App. Science Management Studies Law Social Science/ Humanities Education Total  Source: University Reports and University Grants Commission  22    Article 11  1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters on employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and recurrent training; (d) The right to equal remuneration, including benefits and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the equality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.  2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, State Parties shall take appropriate measures: (a) To prohibit, subject to the impositions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibility and participation in public life, in particular through promoting the establishment and development of a network of childcare facilities;  23    (d) To provide a special protection to women during pregnancy in type of work proved to be harmful to them.  3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.  Introduction In the year 2000 an estimated 2.4 million women 10 years of age and over were counted as being the labour force. The steady increase in the labour force participation of women is reflected in the fact that women \'s earnings both within the domestic sphere as well as through employment in West Asian countries is critical to the national economy.  Proportion of Women in the Workforce According to the second quarter 2000 of the Department of Census and Statistics Labour Force Survey, which excludes data from the North and the East of the country, the economically active population of Sri Lanka was estimated at 7.0 million. Of this, 36% are females and 68% are males.  Table 1 Labour force participation rate by sex and sector Sector Sex Total Female Male Total 52.0 36.0 68.0 Urban Rural 44.6 26.6 62.4 53.1 37.5 68.9  Source: Department of Census and Statistics, Ministry of Finance and Planning, 2000 Labour Force Participation The second quarter 2000 of the Department of Census and Statistics Labour Force Survey indicated that of the 2.4 million women in the labour force, 89.9%, (2.2 million) women were employed while 10.1% (247,207) were unemployed.  24    The labour force participation rate of both women and men is higher in the rural sector.  The age distribution of women in the labour force indicates that the highest numbers of women are in the economically active category between the ages 30 and 60 years.  Table 2 Labour force status (current) of the household population 10 years of age and over, by age - female Age Labour force Labour force participation rate (%) All Ages 15-19 years 20-24 years 25-29 years 30-39 years 40-49 years 50-59 years 36.0 21.9 53.3 50.7 53.8 49.4 35.7 89.9 74.3 73.2 86.2 94.1 96.7 98.7 10.1 25.7 26.8 13.8 5.9 3.3 1.3 Employed rate (% to total labour force) Unemployed rate (% to total labour force)  Source: Department of Census and Statistics, Ministry of Finance and Planning, 2000. The Labour Force Participation Rate comprises the labour force (employed and unemployed) divided by the working age population age 10 and above. The Employed Rate comprises the employed divided by the Labour Force. The labour force participation rate of both women and men is higher in the rural sector.  The age distribution of women in the labour force indicates that the highest numbers of women are in the economically active category between the ages of 30 and 60 years.  25    Table 3 Unemployment rate by sex and sector Sector Sex Total Female Male Total 7.0 10.1 5.3 Urban 8.4 11.7 7.0 Rural 6.8 10.0 5.1  Source: Department of Census and Statistics, Ministry of Finance and Planning, 2000 Data on unemployment indicates that female unemployment is higher than men in both the urban and rural sectors.  The unemployment rate for women is double that of men. The age distribution of the workforce indicates that highest unemployment for women is in the age cohort 15-19 years (25.7%) and the age cohort 20-24 years (26.8%). For men the distribution for the above age cohorts are 20.8% and 17.3%. This shows that gendered responsibilities of marriage and childcare have a greater impact on women \'s engagement in economic activities compared with men1.  Out of the women in the category of employed, women employers comprised 0.8% of total women employed, indicating a decrease from the 1.1% noted in 1995. A similar decrease is noted in the distribution of women in the category of employees from 67.9% in 1995 to 52.7% in 20002.  Almost 45% women in the labour force were in the lower echelons of the labor force; 31% were found to be in the category Unpaid Family Worker (indicates an increase of approximately 50% over the figure in 1995), while 15.5% were found to be OwnAccount Workers, (indicating a marginal decrease compared with the figure for 1995).  1  2  Department of Census and Statistics, Ministry of Finance and Planning, Labor Force Survey, 2000. The ILO definition on International Standard Industrial Classification the employment status categories are as follows: employees (wage and salary workers), employers, own account workers (self-employed) and unpaid family workers.  26    The changes noted above indicate that while the numbers of women entering the workforce have been increasing steadily over the decade 1990 ­ 2000, the shift of women workers has been into occupations where remuneration is low, e.g. Unpaid Family Workers where the proportion of women has increased from 26.5% to 31.0%.  Potential for Advancement In Sri Lanka, while enrollment of women who have received at least a secondary education in vocational training or computer skills training courses has risen, genderbased discriminatory attitudes frame women having equal access to training and programmes for skills development for higher remuneration jobs. Women \'s capacity to enter male-dominated vocations remain limited by social and cultural norms, and promotions in places of employment are often linked to traditional assumptions about women not giving priority to the workplace due to family problems.  Recruitment Practices Recruitment and employment practices can be distinguished between the private sector and the public sector. In the public sector, in particular in institutions such as universities, the practice tends to be that recruitment is carried out on the basis of merit, such as for example, education or professional qualifications.  However, in the private sector, there is a greater tendency to view applicants in terms of their gender and assumed capabilities. It is common to see advertisements in the national newspapers calling for applications for jobs on gender specific criteria. E.g. advertisements for applicants to fill vacancies for secretaries are clearly addressed to women; those to fill executive positions in companies are clearly addressed to men.  It is also important to note that the highest rates of unemployment were found to be among women who have obtained better educational qualifications. In 2000, for example, 59% of women with educational qualifications between Grade 0-10 were employed while only 16.5% of women with educational qualifications up to GCE Advanced Level and above were found to be employed.  In terms of the proportion of unemployed women it was found that 36% of women with educational qualifications between Grade 0 and 10 were found to be unemployed  27    while 33.2 of women with educational qualifications up to GCE Advanced Level and above were found to be unemployed.  Provisions to Eliminate Discrimination Against Women in Employment The Constitution of Sri Lanka (1978) seeks to ensure gender equality and recognizes that citizens have equal rights. The Women \'s Charter of Sri Lanka states that women should have equal opportunities in the sphere of employment and wages along with men. It also reiterates women \'s right to work.  The National Plan of Action (NPA) on Women prepared by the National Committee on Women and the Ministry of Women \'s Affairs in collaboration with experts from the NGO field outlines the strategies for the implementation of the Women \'s Charter of Sri Lanka. The NPA on Women was being revised in 2000 in the light of changes that have taken place in the country since it was first formulated. The revisions to the NPA indicate that in relation to women \'s access to and status in employment, little has changed.  While efforts to make public the Women \'s Charter and to involve representatives of other government institutions in discussions on issues contained in the NPA on Women took place in 2000, the response to its successful implementation remains poor.  Measures to Promote Equal Employment Opportunities There is no policy, which overtly calls for equal opportunities for employment for women and men. In 1999, the government drafted a bill on Equal Opportunities to be tabled in Parliament. The draft sought to guarantee the rights of women as well as a number of other categories of persons to equal opportunities in terms of employment. The draft bill received mixed reactions from the constituencies approached by the government, though overall the response was not negative.  However, the recurrent focus on the on-going ethnic conflict as well as lack of strong political support saw discussions on the draft failing to make the desired impact. The draft appears to have been withdrawn from the public at present.  28    Table 4 Currently employed persons by hours per week actually worked (percentage) Total Female Male 0* 16.2 12.4 1-9 4.5 2.4 10-19 12.4 8.8 20-29 15.3 13.6 30-39 15.2 13.5 40-49 24.8 28.0 50 & over 11.6 21.4  * Has a job but not at work during the reference week Source: Department of Census and Statistics, Ministry of Finance and Planning, 2000 Working Day The available data is not classified in terms, which indicate if a person is working full time or part time. It is possible, however, to give some indication through Number of Hours worked in employment by women and men per Week  Since current available data classifies work as only that which is remunerated, the national surveys do not indicate the number of hours worked for both remunerated and unremunerated work, including engagement of housework. Hence the data excludes women \'s primary contributions to the economy.  Women in Subcontracting Work Many women work in their homes doing piecework or outwork. Their products range from foodstuff to beedies (small cigars), artificial flowers, parts of footwear, garment manufacture, and embroidery as well as cultivation of cash crops for export (eg.gherkins).  This area of employment is not covered by labour legislation that applies mainly to the formal sector employees. Hence workers employed in subcontracted production are not entitled to benefits such as sick leave or holiday pay. The wages for such activities are low compared to other employment and is linked to production of a `target \' rather than on any computation of the number of hours worked.  There is a dearth of facilities provided by either the Municipality or the private sector for low-skilled and self-employed women who work in urban settings as fruit sellers, traffic wardens etc. Public sanitary facilities are almost non-existent for women, and  29    the general public has little or no access to safe drinking water within the municipalities.  Occupational Characteristics While there are few laws which specify criteria for employees, positions such as secretaries in companies or in government institutions are generally filled by women; while jobs such as executives in companies or in the armed forces, Bank Managers or airline pilots tend to be male dominated. Overall, positions of decision-making and authority are taken by men while those in the lower ranks of administration are given to women.  Domestic Work At present, domestic helpers do not have regulated working hours, rest days or holidays, medical facilities, gratuity and employment benefits enjoyed by law by other workers. Any such benefits a domestic worker may receive depends entirely on the decisions of individual employers. An old 1871 Domestic Servants Ordinance provides only for the protection of the employers in the case of domestic servants with previous convictions. Women who work as domestic aides in Sri Lanka are not covered by any labour legislation and fall within the definition of the informal sector.  In recent years, there have been a number of media reports on ill treatment of child domestic workers in the country, which has resulted in the setting up of a Child Protection Authority to ensure that the rights of children are protected. However, such a body to protect adult domestic workers (the majority of whom are women) is yet to be set up. In 2001, there has been more discussion among NGOs to lobby for legislation to protect domestic workers in the country; as yet, these initiatives are new and are being developed upon.  Migrant Workers Sri Lanka has recently ratified the International Convention on the Protection of the Rights of All Migrant Workers and their Families.  In 2000, an estimated 89,000 women were employed as housemaids in West Asian countries and some East Asian countries to work as domestic aides. This comprises  30    96.7% of all migrant workers from Sri Lanka employed in West Asian countries.3 Remittance from migrant workers accounted to approximately Rs. 87 million in the year 2000 compared to Rs. 74 million in 1999.  Many of these migrant workers enter into contracts with unscrupulous employment agencies and work in conditions of virtual slavery. In 1997, the government enacted laws that bring private sector foreign employment agencies under some degree of control by stipulating that contracts entered into by migrant workers and foreign agencies should be binding and embassies in all recruiting countries be compelled to register all foreign agencies with them. The Sri Lanka Bureau for Foreign Employment (SLBFE) has in recent years been making a concerted effort to ensure that women migrant workers are registered with the SLBFE along with offers of several packages such as insurance schemes and child benefits, to try to protect some of the rights of these workers prior to them leaving the country.  Since 1998, The Ministry of Labour was able to come to some agreement on labour contracts for prospective migrants with job agents in a few receiving countries (e.g.Saudi Arabia, United Arab Emirates). However, the protection of the rights of workers to these countries remains uncertain and for the most, women migrant workers fall into what can be called the International Informal Sector.  An issue which has been the focus of several NGOs lobbying for the rights of migrant workers has been that of ensuring that Sri Lankans working overseas are enabled to vote at all elections in the country. This campaign was launched in December 2000 by a coalition of organisations comprising women \'s organisations, human rights groups, community based organizations, the Migrant Services Centre, and some trade unions and calls for the Commissioner of Elections to bring in relevant amendments to election law and the setting up of required procedures to enable workers overseas to exercise their right to vote.  3  Analysis based on provisional data for 2000 provided by the Sri Lanka Bureau for Foreign Employment.  31    Working in the FTZs In 2000 the government bowing to pressure from investors in manufacturing, proposed changing the provision of 100 hours of compulsory overtime per year to 100 hours of compulsory overtime per month. This change was to affect all workers in manufacturing including those in the FTZ. However, due to protests from unions and other organisations working on the rights of women workers, the number of compulsory overtime hours was reduced to 70 per month.  The workers in the FTZs as well as in manufacturing are usually compelled to sign contracts that are often illegal both according to Sri Lankan labour laws and ILO standards. These contracts stipulate a number of conditions including the following: that they should agree to work overtime when asked to do so and, that they should agree to resign when they get married. An earlier `informal \' ban on unionization was revised in 1998 with an amendment to labor law that allows some degree of unionization of workers within the FTZ.  A Presidential Task Force was appointed following these protests in 2000, to make amendments to the Wages Board Ordinance, to make compulsory two weeks notice prior to strike action, amend the Termination of Employment Act with the intention of making the environment more amenable to employers at the expense of the rights of the employees.  Many women workers in the FTZs work, sleep and live under appalling conditions, and do not seek recourse from Labour Tribunals due to their ignorance or fear of retrenchment. Their employers cannot be called to order under the constitutional guarantees that prohibit gender discrimination, because the latter does not apply to private sector employers. This problem will be remedied if national legislation is brought, extending the prohibition against gender discrimination to all employers, whether public or private.  Unions working outside the FTZs which work on the rights of workers have lodged protests regarding these proposed amendments as well as the conditions of employment of workers.  32    The year 2000 also saw a gradual decrease in the number of factories operating in the FTZ as investors have found other more lucrative locations to situate their enterprises. This development and the ensuing trend of retrenchment of workers reflect a serious detrimental impact on employment opportunities for women within the FTZs in the future.  State Sponsored Programmes for Women in Non-Traditional Employment The government does not actively ensure that opportunities are opened up for women in occupations that are not traditionally pursued by women. However, the Ministry of Women \'s Affairs has a record of initiating interventions to facilitate women \'s entry into such areas. NGOs have a longer history of such interventions and some have recorded the successful entry of women into skilled employment as electricians, auto rickshaw drivers etc.  The National Apprenticeship Board that was set up by the State has training courses for both women and men. Despite over a decade of such trainings, the ideology remains clearly gender biased with women continuing to be guided into skills training in sewing, cooking and weaving while men are encouraged into skills training in areas such as welding, carpentry and electrical wiring etc.  Equal Pay for Equal Work Under the Equality Provision of the Constitution, it can be interpreted that there should be no discrimination in wages paid to women and men for equal work. However, clear differentials continue to exist in different sectors of employment, primarily in the non-State sector.  In the public sector, high level and middle level personnel are entitled to receive equal remuneration while equal wages for manual labour was introduced in the plantation sector in 1984 and, soon after in occupations under the Wages Board Ordinance.  In the agricultural sector and the informal sector where the majority of working women are to be found, there is clear discrimination in wages paid to women and to men. The daily wage rate for a woman agricultural worker is around Rs. 100-150 while the rate paid to men is never less than Rs. 200. Such discrimination is carried  33    out on the basis of `customary practices \' where women \'s labour is considered to be of less value than that of men.  It should be noted that the current proposals by government to accede to pressure from employers to abolish the Wages Board Ordinance could drastically change the degree of equality of wages and the rights of workers in the formal sector and make these workers as vulnerable as those in the informal sector.  Legal Framework Sri Lanka has not ratified the ILO Convention 111 pertaining to Discrimination in respect of Employment and Occupations (1958).  Workers in the formal sector including labourers and unskilled workers are covered by existing labour laws and are entitled to such benefits as employment provident fund, sick leave and maternity leave. There are little provisions for disability benefits (unless a person is in the armed forces) and no old age benefits apart from the employment provident fund.  Employment of women in the service sector, in shops, restaurants and so on is guided by the Employment of Women and Young Persons and Children Act No.47 of 1956. Women workers in these sectors can, under Section 10 of the Shop and Office Employees Act (Regulation of and Remuneration) Act No. 19 of 1954 obtain 84 days of maternity leave with full pay for the first 2 children; the leave allocation is 42 days for any subsequent children.  Formal sector women workers are entitled to benefits during pregnancy and after delivery under the Maternity Benefits Ordinance. In the late 1980s, maternity leave and benefits were extended from 6 weeks to 84 days (approximately 4 months), for two pregnancies with subsequent nursing intervals. For 3 months before and after the confinement, a woman cannot be given tasks that may be dangerous to the mother or the child.  However, violations of these regulations have been found in the formal sector including in the FTZs. There is little or no provision for nursing intervals in either the  34    private or the public sectors. There are also instances where women have lost their jobs or were being obstructed from promotions as a result of using their maternity leave and benefits entitlements.  In 2001 the Ministry of Women \'s Affairs attempted to initiate discussion to bring in laws which would grant paternity leave for a maximum period of one week to enable fathers to participate in and share childcare at the birth of a new child. While public reaction was mixed it was overall positive. However, when the Minister at the time made observations to this effect in parliament, it was met with general disdain and the proposal was not prepared as a cabinet paper to obtain approval to proceed with drafting new legislation.  The Penal Code Reforms of 1995 for the first time introduced legislation criminalising sexual harassment. This legislation applies to such incidents, which may take place either in the workplace or in public places and if the accused is found guilty can face prison sentences of up to 5 years. While many women \'s groups welcomed this development, it has to be noted that at present the number of cases reaching the courts is extremely low. Women \'s organisations in particular have been active in attempts to raise awareness among women and among the public in general as well as among private sector companies on the criminal aspect of sexual harassment; however, it has to be noted that without accompanying State adoption of such strategies island wide, victims may remain largely unaware or lack confidence to use the legal measures available. Prevailing norms based on gender discrimination also weigh heavily against women victims in persuading the authorities to take note of such violations.  Women \'s Work in the Home Despite attempts by NGOs and other concerned persons to lobby for the recognition of housework as contributing to the national economy, women \'s work in the domestic sphere remains unaccounted for in the national statistics of the economically active population. In the year 2000, the Department of Census and Statistics recorded that 4.3 million women, almost twice the number of women categorized as employed (and thus receiving wages or salaries), were estimated be `not in the labor force \'.  35    Age of Retirement The mandatory retirement age for women and men is 55 years in the public sector. In certain circumstances, this could be extended up to 60 years. In the private sector, the age of retirement tends to be more flexible and an employee may work up to 65 years before retirement.  Social Security and Work-Related Benefits In the formal sector, women and men contribute equal proportions of wages/salaries towards their employment provident fund/pension scheme. In addition to the Employees Provident Fund and Employers Trust Fund, a gratuity is also made to all public servants, plantation and service workers and all employees of the State Corporations and Companies. In recent years, women public servants have been brought within social security schemes available to men (Widows and Orphans Pension Fund Act 1983).  In the formal sector both women and men are entitled to the pensions of their spouses.  In general where social security provisions exist, both women and men are entitled to these benefits. However, the emergence of female headed households as a significant proportion of households in the country, (an estimated 21% of all households excluding the North and East), in the last two decades has resulted in such women being discriminated against accessing some of these benefits. Poverty Alleviation programmes geared to the upliftment of the quality of life and economic security of poor households as well as State housing programmes continue to regard the male as head of households and women heads of households tend to be overlooked in eligibility criteria applied.  Employment Security Dismissal of Women Workers Dismissal of women on the grounds of pregnancy or marital status is prohibited under the labour laws of the country. However, as noted above, such incidents occur and are largely uncontested by those dismissed.  36    Paid Leave and Flexible Work Hours The country has provision for paid leave and such leave is equally available to women and men. In general there is little provision for flexible working patterns such as jobsharing or permanent part-time employment. Such practices are found in a few private sector institutions.  Marital Status By law marital status does not affect job security. However, in practice, marital status is considered to be important. For example, employment in the FTZs is primarily given to unmarried young women; airline hostesses are also mostly young unmarried women. NGOs continue to report that where applicants for jobs are called for interviews, married and/or pregnant women are more likely to be discriminated against.  Health and Safety Laws for Women The country has an extensive network of health services around the country that are largely provided by the State free of charge. Most formal sector enterprises are expected to be covered by existing health and safety regulations under the Labour Ministry. However, there are only a few institutions, which are mainly in the private sector, which have special provisions to protect pregnant women workers.  Sri Lanka withdrew from the ILO Convention prohibiting night work for women and has yet to ratify the new ILO Convention on Home-based Workers.  Childcare Facilities With the increase in the number of women joining the labour force, there has been a significant expansion in small-scale childcare centres particularly in the urban areas of the country. However, these are enterprises run by family concerns or as small business and largely do not fall under any health and safety regulatory stipulations. These institutions are mostly staffed and managed by untrained personnel. There has been growing pressure on the State to ensure such regulations are met with but as yet the response from the State has been poor.  37    Most school age children whose parents work longer than the school day are cared for by other family members in the home or in the neighbourhood.  Nursing Breaks for Employed Women Nursing breaks for breast-feeding mothers is required by law in the formal sector. In practice, such breaks are time restricted and thus do not enable women to make use of the break or are not permitted to do so due to pressure from employers who could penalize the woman citing loss of productivity.  Unionisation of Women Workers Most formal sector enterprises/institutions are unionized ­ with the exception of the majority of enterprises in the FTZs and smaller sweatshops outside the FTZs where most of the workforce is female. Although in general, males are the majority of union membership, there are significant numbers of women union members as well. In the plantation sector, the bulk of the union membership is made up of women; however, women are rarely seen in the decision-making positions of labour unions.  Recommendations 1. It is clear that women continue to be viewed as cheap labour to be utilized with or without remuneration commensurate with qualifications and/or capabilities. The State should institute policies which will ensure that avenues for training and skills upgrading for women are concretely manifest in the implementation of programmes such as the vocational training and youth services  counseling/training. 2. The continued bias in employment policies, which favour low skilled and less educated women who can be recruited for lesser wages need to be addressed urgently by the State. The State should put into place legislation and implement policies which guarantees Equal Opportunities for women and men. 3. There is urgent need to reformulate criteria for assessing the multiple economic activities of women whether in the agricultural sector, the urban sector, the estate sector or within the household. 4. There is urgent need to adopt criteria in national surveys that would measure women \'s economic contributions both within and without the domestic sphere.  38    5. Existing labour laws need to be revised to include informal sector workers within the framework currently available to workers in the formal sector in terms of wages, leave as well as working conditions. 6. Labour legislation should be revised to address the rights of Domestic Workers, most of whom are women. 7. The Ministry of Labour and the Ministry of Women \'s Affairs together with the Office of the Commissioner of Elections need to strongly recommend and follow through legislation which would ensure the franchise of migrant workers from Sri Lanka. 8. The State should develop concrete measures to guarantee employment opportunities to all those workers retrenched from employment in FTZs. 9. The government should take all possible measures to guarantee that the rights of workers assured under current labour legislation is protected. 10. The Ministry of Women \'s Affairs in collaboration with the Ministry of Justice should take all necessary steps to ensure that all legal professionals are aware of current legislation in relation to sexual harassment and rape. 11. State should ensure that these households have equal access to all social security benefits of the State. 12. The concept of the head of household needs serious and urgent review especially in the light of joint household heads.  39    Article 12  1.  State parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health services including those relating to family planning.  2.  Notwithstanding the provision of paragraph 1 of this article State parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post natal period granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.  Introduction The population of Sri Lanka has increased from 17,865,000 in 1994 to 19,043,000 in 1999. The average annual growth rate from 1981 to 2001 is 1.2 according to the most recent census carried out in 18 out of the 23 districts in Sri Lanka in 2001.This census also indicates that the total number of females outnumber males by 176,616, (Dept of Census and Statistics). During the period 1946 to 2001 the sex ratio has decreased from 113 in 1946 to 97.9 in 2001. The life expectancy at birth during the period 1996 to 2001 for both sexes was 73.0 and the figure for males was 70.7, and 75.4 for women.  The census of 2001 also revealed that the population under the age of 18 years has declined from 41.6 in 1981 to 32.9 in 2001, which indicates a narrowing of the population age pyramid at lower ages, attributed to decline in fertility.  Table 1 and 2 shows a significant decline in the sex ratios for all age groups . This trend is also seen in the age specific sex ratios in the Demographic Health Survey of 1994 when compared to the sex ratios of the 1981 census. Further the sex ratios in 1994 were below 100 in the age groups between 20 and 74, resulting in a higher concentration of women in the older age groups. Hence the population of Sri Lanka has become relatively older, with increasing life span, the majority being women.  40    Table 1 Sex ratio of the population (1946 -2001) Year 1946 1953 1963 1971 1981 1994 2001 Sex ratio 113.0 111.5 108.3 106.1 104.0 (97.4) (97.9)  Source: Dept: of Census and Statistics ( ) excludes eastern and northern provinces  Table 2 Age specific sex ratio, 1981 and 1994 ( excludes northern and eastern provinces)  Age Group All ages Less than I year 1-4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75 and over  Sex Ratio 1981 * 103.7 104.1 103.8 103.6 104.1 102.7 100.3 99.8 102.0 100.6 106.0 102.0 111.4 110.2 116.2 111.0 115.7 107.3  Sex Ratio 1994 **  97.4 100.9 102.7 103.2 101.2 100.1 93.0 91.2 93.1 96.0 97.3 97.3 95.5 93.1 95.0 96.3 94.6 101.9 Source: * Population Census1981 ** Demographic survey 1994  41    Measures to Eliminate Discrimination Against Women in the Field of Health Care In Sri Lanka there is no formal or structural discrimination against women in terms of access to health care.  Pregnancy and Maternal Health Maternal health has been given high priority, both in the preventive and curative sectors of the Ministry of Health. At grass root level, trained Public Health midwives/Family Health Workers (one per 3000 population) monitor the health of pregnant and lactating mothers and children during home visits. Mothers are referred by them to antenatal clinics within easy access of pregnant mothers.  Two specialised hospitals in Colombo cater exclusively to women. All government hospitals ranging from the Central Dispensary and Maternity Home to the Provincial hospitals have maternity wards for pregnant mothers and female wards for women. The Provincial and Base hospitals have specialist services for pregnant mothers and women in general.  It has been reported that in some estate areas and very remote areas including areas exposed to conflict the health care available during the antenatal, natal and postnatal period is inadequate if complications were to arise. Delay in transferring mothers requiring specialised care to Base and Provincial hospitals due to lack of transport has contributed to maternal morbidity.  In some very remote areas with limited or absence of transport facilities, mothers are greatly inconvenienced, as they have to walk 2 to 3 miles to reach the closest antenatal clinic.  Cost of Medical Care for Women Medical care at all government hospitals is provided free of charge to both men and women. However quality and quantity of health care available for all sectors of the population is not uniform in all areas of Sri Lanka. In the more remote areas, quality of health care is poor. In the areas exposed to conflict (uncleared areas), there is a skeleton staff of Medical Officers and midwives supervised by Medical Officers from  42    the NGO Consortium. They refer cases to the Base Hospitals and patients are transferred by ICRC. For instance, in Vavuniya Base Hospital there is a Consultant in Obstetrics and Gynaecology as well as in the Provincial Hospitals of Trincomalee, Batticaloa, Kalmunai and Ampara. Shortage of staff is noted in Mannar. Economic and security problems mean that people from these areas do not have the possibility to access even the available health care services.  Nutritional Status of Women It is well known that the incidence of low birth weight is a very sensitive indicator of maternal health and nutrition, as well as the health status of a country. In Sri Lanka the incidence of low birth weight (when compared to other countries of the region) is not in keeping with the reduced maternal and infant mortality rates, although percentage access to health facilities is comparatively high in Sri Lanka (See Table 3).  Table 3 Countries in the region Percentage access to health services * 93 Percentage incidence of low birth weight ** 25 33 45 85 50 33 Maternal Infant mortality mortality rate/100,000 rate live births (1990-1996) ( 1990) ** 140 17 340 850 570 95 83 73  Sri Lanka Pakistan Bangladesh India Developed countries Australia Canada United Kingdom United States  6 6 7 7  9 6 9 12  6 6 6 8  Source: * State of the World \'s Children 1996 UNICEF ** State of the World \'s Children 1998 UNICEF It is also seen in Table 3 that the rates in Sri Lanka and other developing countries are much higher than the rate in developed countries. Within Sri Lanka there is a wide variation of these rates. e.g. Percentage incidence of low birth weight ranges from 36.3 to 12.5 in the different districts. The annual report on Family Health for 1998  43    states that data on incidence of low birth weight are not available for 1997 and 1998, as many surveillance points have not reported. Although low birth rate reflects a state of under-nutrition in mothers other factors have also to be analysed such as hypertension. The prevalence varies from 18.6% in the estate sector to 15.6% in metro Colombo and 10.9% in other urban areas. Data from Jaffna and other conflict areas in the Annual Health Bulletin reveals a low figure but accuracy could be doubted because of access to State Medical Institutions. Since the percentage of low birth weight is a very sensitive indicator of maternal and child health and also the health of a country, it is imperative that these surveillance points be revamped and accurate data obtained, in order to detect areas of high incidence; so that cause for same could be identified and necessary action taken to improve the health and nutrition of mothers in such areas. It is well known that malnutrition in pregnant women leads to low birth weight babies with a series of lasting repercussions on both mother and child. Only 10% of women in Sri Lanka gained more than 8kg during pregnancy, whilst many women failed to gain even 0.2kg per week in 46% of women followed up in late pregnancy. It was concluded that their energy and protein intakes were insufficient to meet the increased demands in pregnancy (CENWOR). The approximate overall weight gain in pregnancy was 317grams per week which is much lower than those reported for developed countries (WHOSEARO). Low haemoglobin levels were observed in 58.3%. Of these 23.4 % were severely anaemic (CENWOR). Both iron and folate deficiencies were noted, as also hook worm anaemia  (CENWOR).  Studies on anaemia in pregnancy are afoot. Preliminary results show percentages varying from 10.7% - 26.1% in Moneragala, 24.8% in Anuradhapura with an average of 16.9% in women 18 ­ 49 years of age. However, 27% of pregnant mothers could be anaemic. Other associated clinical status has not been analysed yet.  The State seeks to ensure that women receive adequate nutrition during pregnancy and lactation through  -  nutrition awareness programmes at antenatal clinics and home visits by public health midwives  -  nutrition demonstration programmes at antenatal clinics and at village level  44    -  issue of Thriposha ( a nutritional supplement) to all pregnant and lactating mothers  - issue of micronutrients such as iron tablets, vitamin C, folic acid etc at antenatal clinics - issue of anti-helminthics at clinics - monitoring of weight gain of mother at antenatal clinics.  Maternal weight gain is not recorded universally. Though provision of health services is recorded as 98% in the recent Census Survey (Preliminary report ­ 2001) 97% of pregnant mothers were assisted by trained personnel at delivery. Ninety percent of women have received two doses of tetanus toxoid. Ninety one percent of rural women have received this and is a higher percentage than other sectors. The lowest percentage is in the estate sector viz 82%. This is in respect of the first child. Health Facilities and Personnel Available for Women in Sri Lanka All government hospitals conduct antenatal and family planning clinics, whilst the Medical Officers of Health conduct antenatal and family planning clinics in the field. At antenatal clinics too, nutrition education and health education are provided for mothers, whilst a complete physical examination is undertaken at regular intervals to detect risk conditions. Nutritional supplement Thriposha, Vitamins, iron tablets, calcium tablets etc. are distributed to pregnant mothers and Tetanus toxoid is also administered at antenatal clinics.  Of the estimated pregnant women needing antenatal care, approximately 93.6% at least once attended the MCH clinic conducted in the field and smaller institutions in 1998, which is an improvement of the 1997 figure, which was 89%.  Family planning clinics are also held at all government medical institutions, and in the field, public health midwives distribute condoms and oral pills. In the Government sector there are 865 centers established island wide for insertion of the intra uterine contraceptive device, and 119 medical institutions with sterilisation facilities.  45    Female Mortality and Morbidity The maternal mortality rate in Sri Lanka has declined dramatically over the past 50 years from 155 per 10,000 live births in 1946 to 2.33 per 10,000 live births in 1996 (Family Health Bureau). However the figure ranges from 0 in some areas to 14.3 in others. Investigation of causes of maternal deaths is being undertaken and the main causes are given in Table 4.  Table 4 Main causes of maternal mortality in Sri Lanka 1998 Haemorrhage Heart disease complicating pregnancy 25% (43) 12.2% (21)  Pregnancy induced hypertension and 10.4% (18) eclampsia Sepsis 9.9% (17) Abortions (septic) Hepatitis complicating Pregnancy Anaemia complicating pregnancy Complications of Anaesthesia 7.0% (12) 5.8% (10) 4.7% (08) 2.3% (04)  Source: Annual Report Family Health Bureau-1998   The majority of Maternal deaths are preventable and good maternal care especially during the intranatal and postnatal periods could cause an effective reduction of maternal deaths in Sri Lanka. Hepatitis and anaemia which are responsible for 10.5% of maternal deaths, if identified early by service providers can be referred by them for necessary specialised care Bureau). and such deaths could be avoided  (Family Health  Maternal mortality is low but the incidence of that due to septic abortions can vary from 10% - 30% of maternal mortality. Attention to this must be highlighted both in terms of statistics and aspects of legalisation and prenatal foetal testing. Since this is mostly among married women, awareness or lack of family planning needs correction.  46    Infant and Child Mortality According to gender differences in mortality in Sri Lanka during the period 19001988 the infant mortality rates were higher for boys (21.7) than girls (18.5)  (Fernando). The preschool child mortality rate was the same for both sexes (1.3) and the 5-14 age group mortality rate was also a little higher for boys.  Average Life Expectancy for Men and Women The overall life expectancy at birth has increased from 42.8 years in 1946 to 73 years during the period 1996-2001. From 1967 female life expectancy has overtaken male life expectancy (Table 5).  Table 5 Expectancy of life at birth (1921-2001) Year 1920-1922 1946 1953 1963 1967 1971 1981 1991 1996-2001 32.7 43.9 58.8 61.9 64.8 64.2 67.1 69.5 70.74 Male 30.7 41.6 57.5 61.4 66.9 67.1 71.7 74.2 75.4 Female  Source: Department of Census and Statistics   The widening gap between the 2 figures reflects a dramatic improvement in survival of one of the most vulnerable groups exposed to high risk of mortality, mainly women in the child bearing age  (Ministry of Health).  Crude Birth Rates and Death Rates The crude birth rate has declined from 40.6 in 1921 to 17.3 in 1998 (Registrar Generals Department).  The initial fertility decline was mainly due to the change in  47    female age structure and rising age at marriage, thereafter increased contraceptive practice became the dominant factor  (Department of Census and Statistics).   The crude death rate too has declined over the years mainly due to eradication of malaria (1946-1949), extension of health services to rural areas, and improved nutrition  (Ministry of Health). In 1921 the crude death rate which was 31.1 declined to 5.9 in 1998 (Registrar Generals Department). Percentage of Women Receiving Prenatal Care  Approximately 73% of pregnant women were registered for antenatal care before 4 months while 2.6% were registered only after the 6th month; the balance being registered between the 4th and 6th month. Since early commencement of antenatal care is vital, it is essential that at least 85% of pregnant women be registered before the 4th month . This means closer supervision is required especially in areas where incidence of late registration is high.  Percentage of Pregnant Women Receiving Trained Assistance at Delivery In 1999 almost 92.7% of deliveries took place in medical institutions (Medical Statisticians Unit). Of the total deliveries reported by public health midwives 2.5% were carried out at home. However it must be noted that 2200 of the reported 250,470 home deliveries did not have trained assistance at delivery. The proportion of  untrained deliveries was high in areas exposed to conflict where transport is a major problem.  It is essential that programme managers make suitable arrangements for mothers to have access to medical institutions for delivery  (Family Health Bureau).  Post-natal Care  Approximately 83% of the reported deliveries received post natal care at least once by the area Public Health midwife within the first 10 days of delivery, and an average of 2.7 visits per mother during the first 10 days after delivery. This showed a marked improvement in the postnatal visits by Public Health Midwife during 1998 as compared to the previous year  (Family Health Bureau).  Well Women Clinics Due to the increasing population of women in the older age groups and high incidence of malignancies of the reproductive system, approximately 300 Well Women Clinics  48    have been established  by the Government Sector. These clinics are located in  Government medical institutions and conducted by the Medical Officers of Health. Screening for Hypertension, Diabetes, breast examination and Pap smears are undertaken at these clinics.  Family Planning The average age at marriage is 24.6% years and contraceptive prevalence rate has risen to 71%.  Table 6 New acceptor rates per 1000 married women 1986-1998 Year 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Permanent methods 22.0 16.9 9.2 7.8 12.1 16.0 16.4 14.8 14.4 12.6 13.8 9.8 7.2 Temporary methods 37.6 38.9 39.3 41.1 45.5 48.5 53.3 50.7 52.7 56.6 60.8 68.8 72 All methods 59.6 55.9 48.5 48.9 57.6 64.5 69.7 65.5 67.1 69.3 74.6 78.6 79.3  Source: Annual Report on Family Health 1998, Family Health Bureau  The pattern as shown in table 6 (for the last 10 years) indicates an increasing trend in acceptance of all family planning methods by eligible couples. There is a significant increase in the acceptance of modern temporary methods during the last 10 years, whilst acceptance of permanent methods recorded a significant decrease since 1992. The injectable was the most widely accepted contraceptive in 1998. The pill and the IUCD accounted for 22.0% and 12.1% respectively during the same period (Family Health Bureau). Although injection is generally preferred it is not always freely available in the State medical sector and women have had to seek private resources.   Permanent methods accounted for only 9. 5 % of the new acceptors. This shows a decrease of 6.2% over that of the previous year. Only 340 vasectomies were performed in 1998 in contrast to the large numbers performed in the early eighties. Of  49    the sterilisations performed in 1998, 50% were performed by Non Governmental organisations. Many of the government institutions that are equipped for sterilisation are not functioning due to lack of trained personnel. This is an area which needs urgent attention  (Family Health Bureau). Male participation is poor, sterilisation has declined to 3% and use of condoms to 5%.  It is also important to identify reasons for poor male participation as seen by the very low acceptance of vasectomy, when developing strategies to further increase contraceptive prevalence in Sri Lanka. Although not legally mandatory, husband \'s consent for sterilisation is still required.  According to the family planning feed back report of 1995, the contraceptive prevalence rate is approximately 62%.  Laws and Policies Regarding Family Planning Measures The State does not have any laws or policies that require family planning measures. Family planning in Sri Lanka is not done for population control, but for the health of the mother and child. That is why it is integrated into the maternal and child health services of the State. There is no coercion to accept family planning in Sri Lanka and it is entirely voluntary. Age of mothers and age of the last child, and number of children, are factors that are considered before sterilisation is performed.  The husband \'s consent or authority is not required by law before a married woman can receive health services or family planning. However in the case of accepting sterilization, the husband \'s consent is required in writing. The State does not have laws requiring sterilization, but has policies which favour a two child family. There is no punishment for failure to comply with government policy.  Abortion Abortion is not legal in Sri Lanka, but can be performed to save the mother \'s life for health reasons. A mother \'s wishes are taken into consideration in such instances. Prenatal foetal testing is not available in Sri Lanka.  50    Rapid changes in social behaviour has indicated a rise in abortions taking place in the country. Though it is illegal, abortion is carried out privately; women with complications due to abortions are treated at government hospitals.  Sexually Transmitted Diseases Public Awareness Public awareness programmes on the effects of sexually transmitted diseases particularly HIV/AIDS have been conducted by Non Governmental organisations, the Health Education Bureau and National HIV/AIDs programme through seminars, TV programmes, leaflets, newspapers, and radio. Most of these messages are aimed at the family and specifically at women.  The National Institute of Education has also introduced this subject into the school curriculum.  Programmes to Combat Sexually Transmitted Diseases A five year program planned by the Ministry of Health with UNFPA funding has strengthened the screening of antenatal mothers at antenatal clinics for sexually transmitted diseases.  Women health care workers such as Public Health Nursing Sisters and nurses have been exposed to in-service training on sexually transmitted diseases, and HIV/AIDS.  Other control measures taken by the National STD/AIDS control programme are as follows: - screening - case detection - partner notification - contact tracing - health education - counselling - condom promotion - surveillance - dissemination of information  51    - prevention of mother to child transmission of HIV by offering free anti retroviral drugs  Incidence of Sexually Transmitted Diseases  Table 7 Total number of episodes of STDS reported to STD clinics 1997-2000 STD Infectious Syphilis Late Syphilis  Congenital Syphilis ­ Early  1997 512 444 7 9 703 8 694 923 345 21 224 669 308 4867 2081  1998 272 646 11 12 617 10 804 1085 349 28 217 718 411 5180 6084  1999 243 629 20 05 780 13 836 1127 407 32 168 774 501 5535 3391  2000 274 626 68 10 670 10 948 1327 500 50 200 1045 677 6345 3511  Congenital Syphilis - Late Gonorrhoea Opthalmia neonatorum Non Gonoccocal infections Genital herpes Genital warts Chancroid Trichomoniasis224 Candidiasis Other venereal Total Venereal Non Venereal  Source: National STD/AIDS control programme  Table 7 shows that the incidence of almost all sexually transmitted diseases have increased over the years 1997 to 2000.  Table 8 Number of HIV and Aids cases by sex at the end of 2000 HIV cases Male Female 367 230 137 AIDS cases 120 86 34  Source: National STD/AIDS control programme  Male to female ratio of HIV cases is 1.7: 1 and Cumulative AIDS deaths reported as at the end of 2000 are 89.  Care for the Elderly  52    A Director in charge of programmes for the Elderly has been appointed by the Ministry of Health. An Active Ageing programme is being conducted in 50 Medical Officers of Health areas. This programme consists of screening for the elderly, Day Care Centers, etc, and is done in collaboration with the Social Services Department and Non Governmental Organisations such as Help Age.  Women Affected by Armed Conflict There are increasing numbers of women of all ages and all ethnic groups, who are exposed to the consequences of armed conflict. They comprise women widows of the war, the displaced, orphans, bomb blast victims etc. They have special needs as they suffer from psychosomatic complaints which are manifestations of psychological effects. At present Non Governmental Organisations such as the Family Rehabilitation Centre conduct programmes for such victims in collaboration with government medical and para medical personnel.  Women Workers in the Health Sector Women hold positions at all levels of the health sector as Directors, Doctors, Dental Surgeons, Statisticians, Nurses, Public Health Nursing Sisters, Public Health Midwives, Laboratory Technicians, Labourers and Attendants, etc. Women are also involved at all levels of the administration.  Traditional Health Workers Sri Lanka has a small proportion of traditional health workers. Traditional birth attendants are all women. In the estate sector approximately 7.8% of births were conducted by traditional birth attendants who are untrained. Traditional birth attendants function mainly in very remote areas where services of a Public Health Midwife may not be available.  Recommendations 1. Birth Weight Surveillance sentinnel points need to be revamped to obtain accurate data in order to detect areas of high incidence of low birth weight, so that causes for same could be identified and necessary action taken to rectify the problems.  53    2. Closer supervision of field midwives is required especially in areas where incidence of late registration of pregnant women is high.  3. It is essential that the State ensures that programme managers make suitable arrangements for mothers to have access to medical institutions for delivery.  4. It is necessary to take action to improve the coverage and quality of postnatal care further, since post natal care is an important contributory factor for reduction of maternal and infant morbidity and mortality.  5. A programme for training of Medical Officers in Sterilisation needs to be undertaken and continued in the government hospitals which have already been equipped for sterilisation.  6. In order to develop strategies to further increase contraceptive prevalence in Sri Lanka, it is important to identify reasons for poor male participation as seen by the very low acceptance of vasectomy.  7. Awareness on family planning or lack of planning needs correction in view of the high incidence of septic abortions mostly among married women.  8. Programmes for the elderly, for women affected by the armed conflict and to combat sexually transmitted diseases, need to be expanded and institutionalised and made available to all those who require same.  9. It is relevant to provide training for untrained midwives especially in areas where incidence of untrained deliveries are high.  10. It is recommended that abortion be legalised at least in limited circumstances, such as in pregnancies due to rape and incest and when foetal abnormalities are detected.  54    References  1) Facets of Change Women in Sri Lanka1986-1995, CENWOR, 1995. 2) Multi Centre Study on Low Birth Weight and Infant Mortality in India, Nepal, and Sri Lanka, WHOSEARO, 1994. 3) Annual Report on Family Health Sri Lanka, Family Health Bureau, 1998. 4) Annual Health Bulletin, Ministry of Health, 1998 5) Changing role of Women in Sri Lanka, Department of Census and Statistics, 1981 ­ 1991. 6) Statistical News Bulletin January/March, Department of Census and Statistics, 1997. 7) State of the Worlds Children, UNICEF, 1996. 8) Annual Report on Family Health, Family health Bureau, 1994. 9) Demographic Health Survey, 1993. 10) Annual Health Bulletin, Ministry of Health, 1998. 11) State of the Worlds Children, UNICEF, 2001.  55    Articles 15 and 16  Article 15 1. 2. States Parties shall accord to women equality with men before the law. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. 3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void. 4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.  Article 16 1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) (b) The same right to enter into marriage; The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution; (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount; (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;  56    (f)  The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation, in all cases the interests of the children shall be paramount;  (g)  The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;  (h)  The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.  2.  The betrothal and marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.  Personal and Family Laws Three distinct communities in Sri Lanka are governed by their personal laws ­ the Muslims by the Muslim law, the Kandyan Sinhalese by the Kandyan law and the Tamils of the north by the Thesawalamai law. Many of these laws contain provisions discriminatory of women or which have greater negative impacts on women.  The Thesawalamai law is discriminatory of women in regard to equality in legal capacity and violates Article 15 of CEDAW. Women governed by this system of law require the consent of their husbands to enter into contracts and to transfer immovable property, even their own.  Under Kandyan law a surviving spouse receives only a life interest in the property of the deceased spouse. Although this law does not appear to be discriminatory per se, in reality it has greater negative impacts on women who have less economic capacity. Under Muslim law, daughters are entitled to a lesser portion than sons, of their father \'s property.  The Muslim law does not make provision for a minimum age of marriage. There was a protection against child marriages of Muslims where the law on statutory rape  57    provided for 12 years as the age of consent. When the amendments to this law raised the age of consent to 16 years, Muslims were exempted from the provision in the face of protests from the Muslim community. As a result Muslim girl children as young as 12 years of age may be given in marriage without their consent.  Several anomalies exist in the case of divorce in the personal laws. In the Kandyan law, while a husband may sue for divorce on the grounds of adultery by the wife after marriage, the wife must prove adultery by the husband coupled with incest or gross cruelty (Section 32 of the Kandyan Marriage and Divorce Act of 1952). Under the Muslim law a man may divorce his wife without giving reasons. On the other hand a woman must prove ill treatment or any other accepted ground which amounts to a fault under the law governing the sect to which the parties belong (Sections 27 and 28 of the Muslim Marriage and Divorce Act of 1951).  Reproductive Rights Abortion is illegal in Sri Lanka except where a medical practitioner recommends it on the grounds that the life of the mother is endangered by the continuing pregnancy. When the Penal Code amendments of 1995 were being drafted, a proposal was included to permit abortion in limited circumstances, in situations where pregnancies were caused by rape or incest. Parliament. However, these proposals were not passed by  Yet another administrative practice which is not based on any law or regulation is the insistence by medical practitioners that the consent of the husband is required in order for a woman to obtain permanent birth control.  The Maintenance Act of 1999 The Maintenance Act of 1999 is a positive development in making provision for the maintenance of children, adult offspring, disabled offspring and spouses unable to maintain themselves. However, questions have been raised as to whether the law is actually being widely implemented by the Courts. The awareness of the judiciary should be raised in this regard.  58    Recommendations 1. Personal laws should be statutorily amended so as to conform to the constitutional provisions of equality and to international human rights standards. A uniform code of laws should be enacted which is made applicable to all communities.  2. While cultural diversity is an important aspect of Sri Lankan society, practices which are inconsistent with the constitutional provisions of gender equality need to be addressed.  3. Abortion should be legalised in Sri Lanka at least in limited circumstances of pregnancies due to rape and incest.  4. The practice of requiring a woman to obtain the consent of her husband in order to obtain permanent birth control should be eliminated. The medical profession and others involved in the procedure should be educated on this issue.  General Recommendation 19  Gender based violence is a form of discrimination that seriously inhibits women \'s ability to enjoy rights and freedoms on a basis of equality with men.i  Despite reforms in the criminal law in 1995 which enhanced the punishment for sexual offenses such as rape, gang rape custodial rape and introduced new offences such as sexual harassment, incest and marital rape in circumstances of judicial separation; police statistics, NGO records and media reports indicate a serious and widespread prevalence of gender based violence in Sri Lanka.  The 1995 law introducing reforms to the Penal Code made changes in the substantive law. However corresponding changes in the procedural aspects of the law such as complementary changes in the Evidence Ordinance and the Code of Criminal Procedure were not effected. As Savitri W. E. Goonesekere and Camena Guneratne observe; the failure to address this very important and critical area of law reform is a manifestation of the tendency in Sri Lanka to introduce ad hoc rather than holistic and comprehensive regulatory controls.ii  59    A fundamental problem is in the implementation of the law and has to deal with judicial attitudes towards women victims of violence in areas relating to a woman victim \'s testimony, corroboration, sensitivity to hearing evidence and sentencing.  Another area of major concern is the nature of the legal system, which is often adversarial and hostile to women. It is also adept at trivializing women \'s concerns and problems and is extremely insensitive to gender concerns.  Another matter of grave concern is the attitude of law enforcement officers, medical professionals and lawyers towards gender-based crimes and towards women victims of violence.  Of equal concern is the lack of awareness among women themselves of their rights and the remedies available to them. As important is the fact that law enforcement officers, judges and lawyers are unaware of the full potential of the law and are hesitant to interpret the law in a manner that protects women from the consequences of discrimination.  Last but not least is the deep seated prejudice in society against women and in particular women victims of sexual violence, especially rape and incest and society \'s inability to deal with problems of domestic violence or take these offences seriously.  Violence Against Women There are no comprehensive statistics on the incidence of violence against women in Sri Lanka. Most attempts at data collection are ad hoc and sporadic in nature or have a limited and specific point of reference.iii There is nevertheless some information available in police reports, data gathering by Non Governmental Organisations and complaints received by State Agencies such as the National Committee on Women.  The National Committee on Women established a `Centre for Gender Complaints in 1999. The Police Bureau for the Protection of Women and Children is another source of information. Complaints received by the Bureau are as follows:  60    A selection of  \'grave offences \' of gender related violence reported to the police 1997 50,893 1,019 51,912 1998 52,408 1.027 53,435 1999 (Jan-Sept) 38,467 1,031 39,498  Minor Offences Grave Offences Total  Source: The Police Bureau for the Protection of Women and Children, Castle Street, Colombo. (October 1999)  The lack of comprehensive data and a system of gathering data on an ongoing and regular basis are some of the major problems that have to be dealt with if the issue of violence against women is to be taken seriously by the State. Mechanisms have to be established in conjunction with the Police, the Attorney General \'s Department, Judicial Medical Officers, Medical Professionals, women \'s organisations, human rights organisations, the Child Protection Authority and the Human Rights Commission for the effective collection of data. Such data must be publicly available and must be analysed and used for policy and legal reform as well as for the better implementation of the law so that women can be better protected from violence.iv The Constitution The Sri Lankan constitution does not specifically address violence against women. However it specifically prohibits sex-based discrimination and contains guarantees on equality before the law and equal protection of the law.  Constitutional reform has been discussed since 1994, particularly in the context of the on-going ethnic conflict in the country. Special multi party consultations have  discussed proposed drafts in 1997 and 2000. Both these drafts included an enhanced chapter on Fundamental rights and introduced children \'s rights and socio economic rights. The drafts also introduced a guarantee on the right to life.  Rape Women \'s Rights Watch, which monitored rights violations perpetrated on women as reported in 30 newspapers published in Sri Lanka during the period July 1997 to June 1999, recorded a fairly high incidence of rape in its annual report covering the period January to December 1998. A breakdown of the figures is as follows:  Reports of rape and attempted rape in the press from January to December 1998  61    Offence Type Rape ­ Girls Rape - Adult Women Rape - Attempted Rape - Armed Forces Rape and Murder Total  Domestic 45 11 5 1 3 65  Other 184 134 64 36 25 443  Total 229 145 69 37 28 508  Break-down of the incidents of violence against women reported in the print media monitored in the period January to December 1998 - Women \'s Rights Watchv  A selection of  \'grave offences \' of gender related violence reported to the police Nature of Offence Rape Murder Attempted with a Weapon Sexual Harassment Women 1997 397 3 Murder 0 356 Children 1997 315 5 0 250 Women 1998 164 9 1 213 Children 1998 394 6 0 340 Women 1999 339 62 4 342 Children 1999 625 14 13 394  Source: The Police Bureau for the Protection of Women and Children, Castle Street, Colombo. (January 2000) With the 1995 amendments to the Penal Code, criminal law perceives rape to occur when there is sexual intercourse with a woman without her consent. A new  explanation was incorporated making it clear that evidence of physical resistance is not essential to establish absence of consent. However, as Dhara Wijayatilake notes, while the new explanation will offer guidance as to what should not be insisted upon for establishing the position of the woman that there was in fact no consent, the other question of whether corroboration is required in all sexual offences has not been dealt with by Statute law.vi This position is further strengthened by Goonesekere and Guneratne who record that judges, lawyers and medical professionals interviewed were inclined to accept that evidence had to be corroborated to prevent the risks of false allegations of rape and forced intercourse. They note that this insistence on proof of absence of consent and the need for independent corroboration made such lawyers and judges continue to look for evidence of rupture of hymen and other physical injuries. Thus the requirement that physical injuries are not necessary to prove nonconsensual intercourse may be ignored in court procedure and practice unless the current legal position as reflected in the Penal Code amendment is clarified and clearly understood by lawyers and judges.  62    There have been several cases in which the Supreme Court has recognized that corroboration of the victim \'s evidence is not a legal requirement and that a jury can convict on the uncorroborated testimony of the victim. [Karunasena v Republic of Sri Lanka (1978); Punchibanduge Wijesinghe Rajaratne v A.G. (1994)]. A leading  human rights lawyer, Kalyananda Thiranagama, from the organization Lawyers for Human Rights and Development however notes that at present almost all rape cases are tried by a Judge without a Jury. Therefore the earlier requirement of Judge \'s warning to the Jury that it is unsafe to convict accused in a rape case without corroboration is a matter of academic importance. However judicial practice has required that women victims of sexual violence meet evidentiary requirements not required of other victims of violence. Although not required in law, often in practice, corroboration is required of the offence itself and of the identity of the offender, although there have been cases where the accused has been convicted on the sole testimony of the woman. There is an assumption here that in all cases involving sexual abuse a woman victim \'s evidence is unreliable and this is clearly discriminatory against women. The other issue of contention is that of consent. This was explored in a 1997  judgement in the High Court involving a case in which a popular film actor, stood accused of raping a seventeen-year old school girl.vii The High Court Judge argued that  \'passivity does not amount to consent \'. The Judge went on to observe that:  Consent in this case legally means consent to the act of intercourse. The mere fact that a woman is willing to enter a room with a man does not itself mean that she was consenting to the act of intercourse. The fact that she entered the bedroom of a man may be an item of evidence to be considered in determining her consent but ultimately the specific issue that has to be decided was whether she gave her consent for the act of sexual intercourse.viii  The High Court judgement was however overthrown by the Court of Appeal and the accused was acquitted. The case is now before the Supreme Court on a petition filed by the Legal Aid Commission. During the seven years since the incident happened, the judicial pendulum swung in the Addararachchi case in a manner that first resolved the thorny question of consent in sexual violence allegations very much in the complainant \'s favour and then equally so in the defendant \'s favour. As Kishali Pinto  63    Jayawardene notes, it is perhaps, the extremity of both these swings that causes concern in an age where sexual violence comes in many shapes and forms and formal amendments to the law do not appear to have redressed the situation.ix  The burden of proof in cases of rape is on the prosecution, which must prove that there was non-consensual intercourse. Wijayatilake notes that as the prosecution of rape cases is also governed and influenced by the Evidence Ordinance, which was not amended in keeping with the Penal Code, the woman has to prove the absence of consent even in the case of custodial rape and past sexual history can be introduced into evidence.x  Sentencing Amendments to the Penal Code in 1995 enhanced the punishment for rape in aggravated circumstances such as gang rape, custodial rape, rape of a minor, rape of a pregnant woman and the rape of a woman who is mentally or physically disabled. Provision was also made for the imposition of a mandatory minimum sentence for rape preventing the imposition of suspended sentences. The same punishment  provided for rape has been laid down for the lesser offence of grave sexual abuse (S.365B) - a minimum 7 years and a maximum 20 years. The Law has not taken into account the different degrees of gravity between different offences. Some legal  practitioners are of the opinion that mandatory minimum sentences have failed to bring about the expected result of lessening the high incidence of sexual abuse and rape of women. They find that law enforcement authorities are becoming more reluctant to enforce the law and that judges are prone to acquit accused on flimsy grounds.xi  The enhanced sentencing schedule is given below:  64    Section in Act  Offence  364 (1)  Rape  Imprisonment Min. Max Yrs. Yrs. 07 20  Fine  Mandatory  364(2) 364(3)  364A  Rape 10 Aggravated* Statutory Rape 15 which is also incest Incest 07  20 20  - do - do -  Compensation to Victim for Injuries Mandatory as Determined by Court - do No  20  - do -  No  * Aggravated circumstances include gang rape, custodial rape, rape of a minor, rape of a pregnant woman, rape of a woman mentally or physically retarded. However there is an exception to this policy on sentencing. In the case of statutory rape (of a girl under 16 years) although the act is an offence irrespective of whether the girl consented, a discretion is vested in the Court to award a lesser sentence in respect of offenders under 18 years where it can be proved that the act occurred with the consent of the girl. This negates both the principle that consent is irrelevant in cases of statutory rape and the reforms to establish mandatory minimum sentences to avoid the practice of awarding minimal sentencing and resorting to plea bargaining.  Statutory Rape The 1995 amendments to the Penal Code raised the age for statutory rape from twelve to sixteen. According to the new amendment where a woman under the age of sixteen is raped proof of consent is not necessary, proof of the act of intercourse is sufficient. The exception to this rule is where the woman is the man \'s wife and she is under the age of sixteen, but above twelve. This provision has caused much confusion in the minds of the Police. Police do not take action under this provision for statutory rape, where the girl is over 16 years of age, if the parties are married giving a false age. This provision was made to satisfy a strong Muslim lobby, which did not want this provision of statutory rape to preclude Muslim marriages where a woman was under sixteen. Muslim Law does not recognize a minimum age of marriage. Even those under 12 years can marry with the permission of the Quazi for the area.  65    The incidence of the rape of girls accounted for 21% of violent crimes against women reported in the press in 1998. Among the girls raped were those as young as three years of age.xii  Age of Marriage Age of marriage has a bearing on statutory rape. Recent amendments to marriage laws have introduced conflicting standards in relation to the age of marriage.  The Marriage Registration Ordinance and Kandyan Marriage and Divorce Act were amended in 1995 to provide that both parties to a marriage should have completed eighteen years of age.xiii The age of marriage was raised by these amendments except for those governed by Muslim personal law.  The Marriage Registration Ordinance was amended in 1997 to provide that the father or mother of any person under eighteen years of age shall have the authority to give consent to the marriage.xiv  Evidence In a very troubling opinion the Court of Appeal, in a recent judgement, made harsh strictures on certain steps taken by the High Court, including holding the trial in camera (in private) which, in the opinion of the Court of Appeal, amounted to  mollycoddling  the witness. The specific reason why the Court of Appeal opined that this should not have been done is because the witness had earlier given the same evidence in a crowded court before the Magistrate and that she was twenty years of age at that time.xv This is judicial reasoning that will undoubtedly deter women victims of sexual violence from going through a public and hostile criminal trial. It is also a sentiment that negates years of struggle to bring about more sensitive judicial practice in cases of sexual violence and reinforces judicial bias and practice that is prejudicial to women.  Custodial Rape The Penal Code does not use the term custodial rape but recognizes the concept of custodial rape and the seriousness of the offence by enhanced punishment which ranges from a minimum sentence of 10 years to a maximum sentence of 20 years for  66    an offence where a public officer or a person in a position of authority takes advantage of his official position and commits rape.xvi In a similar manner a person on the management of a custodial home, or a women \'s or children \'s institution or hospital  \'takes advantage of his position \' and commits rape, he would also be guilty of custodial rape.xvii  There have been a series of high profile custodial rape cases reported in the press, particularly against girl children, and in relation to police and military personnel. In many of these cases there have been attempts at cover up and intimidation, some of which have succeeded. From July 1997 to June 1999, Women \'s Rights Watch  Quarterly Reports recorded a number of instances of custodial rape reported in the press. A few of the reports related to sentences. The vast majority were pending. Many of the cases related to abuse in schools and children \'s homes.xviii  As recommended by Goonesekere and Guneratne, Constitutional standards on equality and torture that now permit public officials to be made liable for acts of abuse of power, and sexual harassment should be developed further, using current jurisprudential trends in the Supreme Court of Sri Lanka, so that a link is made between rape and gender discrimination and rape and torture.xix  Marital Rape The 1995 amendment to the Penal Code recognized marital rape as a crime in limited circumstances. According to the new amendment a man can be accused of raping his wife only where the couple is judicially separated.xx The law does not recognize unconditional marital rape although this was the original amendment put forward to Parliament. It only recognizes rape in situations where the parties are separated legally and does not recognize the possibility of rape when the spouses live together. This amendment is hardly worth noting since women rarely resort to the remedy of judicial separation. In many situations of domestic violence women complain of being forced into unwanted intercourse by husbands. The difficulty in getting the concept of marital rape recognized without condition reinforces the myth that rape within marriage is impossible and that a woman \'s body is her husband \'s property.  67    Incest Incest was recognised as an offence in the 1995 amendments to the Penal Code. It carries a maximum sentence of twenty years and a minimum sentence of seven years imprisonment and is also an offence that can be fined.xxi The steps taken to recognise incest as a crime are laudable. Despite incest being recognised as a crime it must also be recognised that incest occurs in a situation where power is abused, trust is broken and the victim is in a dependent and vulnerable position. There are also other factors such as social stigma, family reputation taking precedence over the crime and reluctance to believe the story of the victim over the denial of the offender that makes this a particularly difficult crime to deal with. Another factor is that children who are abused often end up in the protective custody of the State in probation homes, which are not very child friendly and have been likened to jails while the accused remains free and in the home till the case is concluded.  Domestic Violence Records of complaints to women \'s organisations assisting women affected by domestic violence, police statistics and newspaper reports allude to a high incidence of domestic violence in Sri Lanka although there is no comprehensive documentation available.xxii Women In Need a Non Governmental Organisation offering assistance to women subjected to domestic violence, report the following break-down of violations during the period January 1997 to September 2001.  Complaints of violence against women received by  \'Women In Need \'  1997 Domestic Violence Rape Incest Sexual Abuse Total 791 8 7 806  1998 895 23 6 4 928  1999 1020 27 4 2 1053  2000 1208 40 4 30 1282  2001 to Sept. 1514 17 3 12 1546  Source: Women In Need  68    291 incidents of violence within the home or 26% in a total of 1096 incidents of violence was recorded in The Women \'s Rights Watch Year Report which dealt with the press reportage of violence against women for the year 1998. Among this figure were 129 incidents of murder committed within the home with husbands allegedly responsible for 83 of the murders or 65% of the total.  Of 85 recorded incidents of assault committed within the home husbands were responsible for 46 or 54% and 57 incidents of rape were also committed by family members on women and girl children. There were only 11 reports of sentences among the 291 cases of violence in the home reported in the press during the year 1998. The sentences were for 7 murders, 2 assaults and 2 cases of incest.xxiii  In Sri Lanka domestic violence is not recognized as a specific crime in separate legislation. However a range of provisions in the Penal Code that deals with violence generally have been invoked to deal with domestic violence such as Hurt, Grievous Hurt, Assault and Attempted Murder.xxiv  According to Kamalini Wijayatilake and Camena Guneratne, seeking remedies for the crime of domestic violence under criminal law which deals with violence generally does not take into account the gendered nature of domestic violence where the specific situation of the woman in a domestic relationship and in the home makes her more vulnerable to violence, given the context of clear power relations and power imbalances in the home.xxv  It is recommended that the guidelines put forward by the UN Special Rapporteur for Violence Against Women should be studied carefully and legislation put in place to deal with domestic violence.xxvi This can be done either as an amendment to the Penal Code or as a combination of such an amendment and separate legislation that deals with both criminal and civil remedies which is a more holistic approach. There is no doubt that the act of violence should be viewed as criminal and treated as such. However women should also have easier access to civil procedures that will offer her protection and provide her with easy access to other remedies.xxvii  69    Sexual Harassment Sexual Harassment was introduced as an offence in the 1995 amendment to the Penal Code.xxviii Sexual harassment is also an offence under legislation introduced in 1998 to eliminate ragging and other forms of violence in educational institutions.xxix  Workplace or institution related sexual harassment often occurs in a situation where there is a definite power relationship between the two parties where the woman is more often than not in a situation of disadvantage. In such cases to be effective legal remedies should be coupled with policy initiatives.  To be effective these remedies should be coupled with employers being compulsorily required to put in place internal mechanisms and guidelines that deal with sexual harassment and complaints of sexual harassment.  Interestingly, in a High Court case decided in 1994 (and presently on appeal to the Court of Appeal), a prosecution under the Bribery Act was upheld on the grounds that the accused had   solicited an unlawful gratification in soliciting sex from a woman employee in return for a transfer  (Republic of Sri Lanka Vs Abdul Rashak Kuthubdeen / B 839/93) In a noteworthy judgement, the judge refused to accept the contention of counsel for the accused that the complainant woman was an untrustworthy witness, remarking that   she was a young married woman...testifying about embarrassing circumstances....even in camera....and (that she had).. embarked on a journey which many other women would dread to undertake . This is a liberal judicial interpretation of the existing law which is an indication that women can allege sexual harassment under statutes such as the Bribery Act if judicial attitudes are sympathetic. Unfortunately, this judgement remains the sole example of such judicial liberality.  Murder Murder is sometimes followed by offenses of sexual or physical abuse. Often these offences are rape followed by murder or a repeated history of domestic violence, which ends in the death of the victim.xxx In a recent Trial at Bar a three judge bench hearing a murder case convicted the accused of rape as well, even though the victim \'s body was in an advanced state of decay when it was exhumed. The conviction was  70    based on the confessions made by accused to the Military Police which the High Court deemed to be admissible as proof of rape.xxxi There is a need to study the incidence of violence in the home to determine the extent to which domestic violence plays a role in resulting in the death of women.xxxii  Procedures Many of the procedures associated with the criminal justice system such as the requirement of proof beyond reasonable doubt, difficulty to find witnesses for corroboration, lengthy non-summary inquiries in rape cases, social stigma, delay and trauma in courts do not encourage the woman victim of violence to use the legal system. Where the act of violence has a sexual dimension there is even less incentive for the victim to access the system.  Samatha Mandalaya (Mediation Board) Mediation Boards appointed by the Ministry of Justice under the Mediation Boards Act work throughout the country to act as mediators in cases that have the potential to be settled out of court. The members of a Samatha Mandalaya vary in number depending on the area it is located in and have a diverse group of community representatives. Most of the members are men. The two categories of offences that come before the Boards are civil disputes and criminal offences. Family disputes, particularly in relation to domestic violence tend to be mediated at this level. The Samatha Mandalayas are not empowered to deal with cases of murder, divorce, sexual harassment and rape and with grave crimes, matrimonial disputes or civil disputes over the value of Rs. 25,000.  Ameena Hussein in her study on Domestic Violence and Rape in Sri Lanka records that the general consensus among members of Samatha Manadalayas is that they are very rarely unable to settle disputes between husband and wife and that the parties are reconciled without resorting to court action. However she notes the statements of a number of individual members of the Samatha Mandalyas which are extremely moralistic, promote sexual stereotypes and are laced with bias against women. Hussein also records the statements of the President of the Anuradhapura Samatha Mandalaya who admits to being asked by the police and the courts to mediate in rape cases. She quotes the President as saying,  if both parties are willing to get married,  71    we encourage them to go ahead. Because the insult and the bad name will come to the woman. What we do is send the woman to a doctor first, and if she is willing to get married to that person we let them do so, otherwise some women want to get compensation from the rapist and we \'ll get this arranged .xxxiii The Samatha  Mandalayas therefore obviously circumvent the law and women are also obviously pressurized into compromise by family and social peers. Women do complain of being forced to settle their disputes; feel disadvantaged and feel that men do not understand their situation ­ of course due to the fact that, sometimes, all members of the Samatha Mandala are males.  Delay One of the most important deterrents to women seeking redress from the law, especially in cases of sexual violence is the length of time it takes for a case to be concluded. In a study on gender violence in Sri Lanka the authors, Shyamala Gomez and Mario Gomez cite a number of cases with delays of between nine and twelve years before the cases were concluded.xxxiv  In cases of rape, a reason given for long delays is the time taken by the non summary inquiry which is conducted by the Magistrate at which the Police lead evidence. Now the evidence is led by special prosecuting counsels appointed by the Attorney General \'s Department. The non summary inquiry decides if there is prima facie evidence to indict the accused and try the case in the High Court. There is no justification for continuing with non-summary inquiries. Non-summary inquiries are conducted only in respect of three offences: murder, attempted murder and rape. From 1974 ­ 1978 under the Administration of Justice Law, accused were straight away indicted without non-summary inquiries and cases were speedily disposed of. No injustice was caused to the accused. Even where the Magistrate holds that there is no prima facie case against the suspect and discharges the suspect, there is no bar for the Attorney General to indict a suspect. These inquiries are supposed to conclude in three months. However most take months if not years and some have taken as long as three years.xxxv  It is recommended that the non summery inquiry should be abolished. However an argument is made against this position by lawyers who consider the powers of the  72    Attorney General to follow the inquiry a vital safeguard. They suggest that if nonsummary inquiries are done away with safeguards should be built into the procedure so that the vital scrutiny of the Attorney General is not dispensed with.  It could also be suggested that trials dealing with sexual offences and offences against children should be given priority. Such a provision exists to cover offences relating to damage of public property and this can be extended to cover trials dealing with sexual offences. There is a provision enacted in 1998 ­ Criminal Procedure Code Amendment Act No. 28 of 1998 ­ that Courts should give priority to trials and appeals in child abuse. Similar provisions are found in many statutes. But the situation remains the same.  This situation cannot be improved by enacting procedural laws alone without taking necessary administrative steps.  The non summary inquiry also puts the complainant at a disadvantage because it relies on the inferior forensic skills of the police who represent her while the accused may engage the services of an experienced defence lawyer. The Attorney General \'s Department engaged the services of a group of lawyers to help prosecute a backlog of non summary inquiries. However no systematic data collection is available to  determine if the backlog has been cleared.  In her study on domestic violence and rape in rural Sri Lanka, Ameena Hussein records the comments of a number of lawyers who admit that the legal system is time consuming and fraught with delay. Some of the lawyers spoken with, recommended special courts with retired judges to try cases of violence against women.  Medical Examination The medical examination is crucial in the case of rape and sexual violence. This medical report forms a vital part of the prosecution \'s case. However the level of forensic expertise around the country is unequal. Very few hospitals have medical officers designated to examine violations of sexual abuse and a victim may have to wait long hours before she is examined. All medical officers are not skilled to detect signs of rape unless there are signs of violence or examination is done shortly after the  73    incident. Only Judicial Medical Officers (JMOs) have the necessary skill, training, expertise and qualifications to express a definite opinion as to whether a person has been subjected to sexual abuse or not. District Medical Officers (DMOs) do not have these qualifications. There are many instances where JMOs found evidence of sexual abuse in cases where DMOs reported there was no evidence of sexual abuse. However in Sri Lanka, according to practicing lawyers, there are less than 10 JMOs working in Colombo, Galle, Kandy, Kurunegala, Ratnapura and Jaffna Hospitals. They note that victims have to wait not for hours, but for several days in hospital till they are examined by the JMO.  The Trial All criminal trials in Sri Lanka adopt the adversarial system of court procedure, which is not at all victim friendly. The experience of going to court can be frightening and humiliating and this can be a difficult, traumatic and painful experience for a victim of violence, especially victims of domestic violence and sexual violence. Crossexamination is often hostile and humiliating and destroys the self-confidence of the complainant. Courts are often perceived of as wholly alienating and unjust.  It is suggested that more trials are held in camera and that a victim \'s testimony could be video recorded as is currently done in some cases of child abuse.xxxvi There should also be the possibility for the submission of written testimony in the form of affidavits.  Shelters There are very few centres, which provide shelter and counseling to women victims of sexual violence and domestic violence in Sri Lanka. A few women \'s organisations such as Women in Need and the Women \'s Development Centre in Kandy run private shelters, and offer counseling and legal assistance to women affected by violence.  It is recommended that the government looks at the possibility of establishing multi disciplinary crisis centres at all leading base hospitals where a victim of violence can be examined by specially trained doctors and the police can be called in to record statements with a volunteer counselor present to assist the woman. It is also  74    absolutely necessary that the state sets up shelters that can offer refuge to women seeking to escape violence.xxxvii  Training Special desks dealing with complaints from women and children have been established at 34 police stations in different parts of the island.  The existing desks should be expanded and officers stationed at them should be trained in recording and handling complaints of violence against women so that the records can be effectively used in Court cases.  The desks should be kept open and accessible in a climate of security and safety 24 hours a day.  Women and Children \'s Desks should be opened in all police stations in major towns.  Both male and female offices, serving at all police stations and at all levels of service should be more effectively trained and sensitized to handle complaints of violence by women.xxxviii This should be a permanent composition of initial training as well as supplementary training and not ad hoc and sporadic in nature.  The Ethnic Conflict and Violence Against Women Women living in areas of the country affected by armed conflict face a spate of specific problems. Among them are frequent check point searches, cordon and search operations and detentions for questioning by military and police personnel often without the presence of female officers. Such instances have also resulted in sexual abuse and rape. Women from minority ethnic groups ­ Tamil and Muslim women from the North East of the country and Tamil women from the hill country have been particularly vulnerable. The conflict has also resulted in large-scale arrests,  detentions and disappearances and there have been reports of women being held hostage till a male member of her family wanted by the military or the police is arrested. There have also been reports of women refusing to make complaints of rape  75    or illegal detention for fear of reprisals. Another fall out of the conflict has been the increasing number of early marriages, increased reports of domestic violence and violence against women in camps for the displaced and the recruitment of children into militant groups.  Another situation faced by women has been the increasing lack of employment opportunities in the areas affected by the conflict including the villages along the border of the North East Province, the lack of state sponsored services such as health, education, electricity, water and resulting poverty. This situation is further aggravated by the presence of large numbers of military personnel and military camps in these areas making women particularly vulnerable and increasing the prevalence of prostitution.  There have been a number of reports of sexual violence against women where the alleged perpetrators have been armed forces personnel and the police. The Women \'s Rights Watch Annual Report recorded 37 sexual offences allegedly committed by armed forces personnel or by deserters in the year 1998. Eight were under  investigation by the Police while 22 were being inquired into by the Magistrate \'s Courts, 2 cases were being heard before the District Courts and 2 were before the High Court. Three of the reports dealt with sentences. 18 of the cases being  investigated related to offences committed in the conflict affected areas of the North East of the country while 19 of the cases were reported from elsewhere.xxxix  A number of these incidents have been reported at checkpoints or when women have been taken in for questioning by the armed forces. Presidential directives were issued in July 1997 for the welfare of detainees and these included safeguards to protect women in custody. It is essential that these safeguards are adhered to. All of the cases of rape and sexual violence have taken place in situations where there have been no female guards present during interrogation of female detainees.  Among the cases reported are those of two women who were gang raped after being arrested by members of the navy and police in Mannar on 19 March 2001.  The pace of investigations into several other cases of alleged rape, including the case  76    of Juda Kamelita who was raped and murdered in Mannar in July 1999, is proceeding very slowly. Other cases, such as the murder and alleged rape of Koneswary in Amparai in 1999 have collapsed because the victims or the witnesses were threatened or feared reprisals.  Trafficking in Women There appears to be no systematic studies or data available on the incidence of internal or external trafficking of women in Sri Lanka. However there are verbal reports and stories, sometimes in the press and sometimes among community based NGOs, of women being trafficked internally for sex work in areas surrounding military encampments and into areas of high tourist presence. There are also  allegations that some women workers seeking employment as migrant workers are duped into sex labor overseas by illegal job agencies and contractors. There is  therefore an urgent need to engage in study and research so that data and information is available to combat trafficking.  Recommendations 1. Changes in the substantive law should be coupled with corresponding changes in the procedural aspects of the law such as complementary changes in the Evidence Ordinance and the Code of Criminal Procedure.  2. Law reform should encompass holistic and comprehensive controls rather than be limited to ad hoc and piecemeal measures.  3. There is a need to develop systematic and comprehensive awareness-raising among women themselves on their rights and the remedies available to them. 4. The lack of comprehensive data and a system of gathering data on an ongoing and regular basis are some of the major problems that have to be dealt with if the issue of violence against women is to be taken seriously by the State. Mechanisms have to be established in conjunction with the Police, the Attorney General \'s Department, Judicial Medical Officers, Medical Professionals, women \'s organisations, human rights organisations, the Child Protection Authority and the Human Rights Commission for the effective collection of data.  77    5. Such data must be publicly available and must be analysed and used for policy and legal reform as well as for the better implementation of the law so that women can be better protected from violence.  6. The fundamental rights chapter of the Constitution can be further expanded to recognize that violence against women constitutes a human rights violation, so that important changes in international human rights law can be incorporated in the new Constitution.  7. The current legal position as reflected in the Penal Code amendments of 1995 in relation to consent and collaboration in respect of sexual offences need to be clarified in Statute Law and clearly understood by lawyers and judges.  8. There has to be an uniform policy on sentencing sexual offences.  9. There should be an uniform minimum age of marriage  10. Constitutional standards on equality and torture that now permit public officials to be made liable for acts of abuse of power, and sexual harassment should be developed further, using current jurisprudential trends in the Supreme Court of Sri Lanka, so that a link is made between rape and gender discrimination and rape and torture.  11. Marital rape should be recognised as a crime with no limiting circumstances.  12. Cases of incest need to be handled very sensitively from the beginning of the investigation till a case is concluded and the medical exam and court environment should be victim friendly and as private as possible. This should be applicable not only in cases of incest, but in all cases involving sexual abuse of women and specially of children. It is also essential that family counseling and therapy be made compulsory requirements in cases of incest.  13. Guidelines put forward by the UN Special Rapporteur for Violence Against Women should be studied carefully and legislation put in place to deal with  78    domestic violence. This can be done either as an amendment to the Penal Code or as a combination of such an amendment and separate legislation that deals with both criminal and civil remedies which is a more holistic approach.  14. The State should ensure that police officers are gender sensitized and will take the crime of domestic violence seriously by responding to calls of domestic violence both when the offence is imminent as well as when it is in progress.  15. The police should be educated with regard to proper procedures to be followed in intervening and handling the complaint.  16. The Attorney General should develop and adopt guidelines for officials prosecuting domestic violence cases.  17. The State should ensure the provision of emergency services which should include crisis intervention centres, safe and secure shelters; immediate medical attention and emergency legal counseling for offences of domestic violence and rape.  18. The State should introduce compulsory long term rehabilitation of victims and abusers.  19. To be effective legal remedies dealing with sexual harassment, especially sexual harassment in the workplace should be coupled with employers being compulsorily required to put in place internal mechanisms and guidelines that complements and enhances the implementation of the law. 20. Samatha Mandalayas (Mediation Boards) should constitute of persons who are gender sensitive and conversant with the law. They should also comprise of at least 40% women. Their work should be monitored and evaluated on a regular basis.  21. It must be ensured that the services of the Samatha Mandalayas are not used in the investigation or settlement of criminal offences such as rape or incest and that the Mandalayas are not used to bring pressure on women to marry their rapists.  79    22. Non-summery inquiry in cases of rape should be abolished.  23. Legal practitioners, human rights and women \'s rights activists, policy makers, etc. should have access to a comprehensive set of statistics from the Attorney General \'s Department so that an analysis can be made of the number of rape indictments that result in convictions, those that don \'t and the time taken to conclude a case.  24. Trials dealing with sexual offences and offences against children should be given priority.  25. In the interest of expediting the hearing and conclusion of cases dealing with violence against women, special courts could be set up with retired judges to try these cases and address the problem of delays in the law.  26. A concerted programme should be got underway to ensure that a sufficient cadre of Judicial Medical Officers (JMO) are trained and put in place in all districts.  27. DNA profiling and toxicological tests could be used more frequently in cases of sexual violence. Such tests have been used in a murder trial currently heard before the High Court.  28. There is a need to train medical officers who are called upon to examine rape victims, since doctors are often not aware that the statements made to them could have very important legal significance, especially if the victim identifies the alleged rapist to the doctor. Medical officers require adequate and relevant training to perform this task. They should also be trained to identify victims of domestic violence and be trained to deal with the specific needs of such women.  29. More trials, dealing with sexual offences should be held in camera and a victim \'s testimony could be video recorded as is currently done in some cases of child abuse.  80    30. There should also be the possibility for the submission of written testimony in the form of affidavits.  31. The government needs to look at the possibility of establishing multi disciplinary crisis centres at all leading base hospitals where specially trained doctors can examine a victim of violence and the police can be called in to record statements with a volunteer counselor present to assist the woman. It is also absolutely necessary that the State set up shelters that can offer refuge to women seeking to escape violence.  32. Women and Children \'s desks at police stations should be expanded to cover all major towns and officers stationed at them should be trained in recording and handling complaints of violence against women so that the records can be effectively used in Court cases.  33. The desks should be kept open and accessible in a climate of security and safety 24 hours a day.  34. Both male and female offices, serving at all police stations and at all levels of service should be more effectively trained and sensitized to handle complaints of violence by women. This should be a permanent composition of initial training as well as supplementary training and not ad hoc and sporadic in nature.  35. Special women and children \'s desks should be set up at police stations in conflict areas constituting of personnel who speak the language of the area, are conversant with the problems of the area and are gender sensitive. These desks should work in collaboration with recognised women \'s groups and citizen \'s committees so that women and children feel secure to make use of their facilities.  36. The guideline that female service personnel should be present to carry out body searches of women, particularly at checkpoints, is often flouted. These should be strictly adhered to.  81    37. It is necessary that swift action is taken both to stop rape and sexual offences committed by armed forces personnel and deserters from the armed forces and perpetrators are brought to justice.  38. There is an urgent need to engage in study and research so that data and information is available to combat trafficking.  39. All necessary measures should be taken to protect the victims and witnesses and any security officer found to be responsible for rape, sexual abuse or other torture, or for encouraging or condoning them, should be brought to justice.  End Notes  i  Committee on the Elimination of all forms of Discrimination Against Women, 16th Session, General Recommendation N.19, CEDAW/C/1992/L.1/15 (1992). ii Savitri W. E. Goonesekere, Camena Guneratne, Women, Sexual Violence and the Legal Process in Sri Lanka, a Study on Rape, Centre for Women \'s Research, Sri Lanka, 1998. iii Kamalini Wijayatilake, Camena Guneratne, Monitoring the Progress of the Elimination of Discrimination against and the Achievement of Equality for Women ­ Sri Lanka Report on Domestic Violence, Centre for Women \'s Research, Colombo 2001 iv ibid v Kumudini Samuel, Women \'s Rights Watch Year Report 1999, Women and Media Collective, Colombo  82    vi  Dhara Wijayatilake, Abuse of Women and Children Recent Amendments to the Law in Sri Lanka to meet the situation - The Bar Association Law Journal Vol.VI Part II, 1996 vii Kamal Addararatchi v The Republic, Case No. 7710/96, Decision of the High Court of the Western Province, 22nd December 1997. viii Ibid. p 16. ix See Kishali Pinto Jayawardene in `Focus on Rights \', The Sunday Times, January 2, 2001. x Dhara Wijayatilake, Abuse of Women and Children Recent Amendments to the Law in Sri Lanka to meet the situation - The Bar Association Law Journal Vol.VI Part II, 1996 xi Comments made by Mr. Kalyananda Thiranagama of Lawyers for Human Rights and Development at the preliminary discussion on the Shadow Report at the Centre for Women \'s Research, October 2001 xii Women \'s Rights Watch Year Report 1999 xiii Section 15 of the Marriage Registration Ordinance, as amended by the Marriage Registration (Amendment) Act, No. 18 of 1995. xiv Section 22 (1) of the Marriage Registration Ordinance, as amended by the Marriage Registration (Amendment) Act, No. 12 of 1997. xv Kamal Addararatchi v The Republic, Case No. 7710/96, Decision of the High Court of the Western Province, 22nd December 1997. xvi Section 364 (2) (a) of the Penal Code. xvii Section 364 (2) (b). xviii Women \'s Rights Watch Monthly Reports July to December 1997 and Quarterly Reports January 1998 to June 1999. xix Savitri W. E. Goonesekere, Camena Guneratne, Women, Sexual Violence and the Legal Process in Sri Lanka, a Study on Rape, Centre for Women \'s Research, Sri Lanka, 1998. xx Penal Code (Amendment) Act No. 22 of 1995, Section 363 (a). xxi Section 364 A of the Penal Code. xxii Kamalini Wijayatilake, Camena Guneratne, Monitoring the Progress of the Elimination of Discrimination against and the Achievement of Equality for Women ­ Sri Lanka Report on Domestic Violence, Centre for Women \'s Research, Colombo 2001. xxiii Women \'s Rights Watch Year Report 1999. xxiv Kamalini Wijayatilake, Camena Guneratne, Monitoring the Progress of the Elimination of Discrimination against and the Achievement of Equality for Women ­ Sri Lanka Report on Domestic Violence, Centre for Women \'s Research, Colombo 2001. xxv ibid. xxvi Report of the Special Rapporteur on Violence Against Women,  A framework for model legislation on domestic violence , E/CN.4/1996/53/Add.2. xxvii Kamalini Wijayatilake, Camena Guneratne, Monitoring the Progress of the Elimination of Discrimination against and the Achievement of Equality for Women ­ Sri Lanka Report on Domestic Violence, Centre for Women \'s Research, Colombo 2001. xxviii Section 345 of the Penal Code. xxix Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act No. 20 of 1998, Section 2(2). xxx Kamalini Wijayatilake, Camena Guneratne, Monitoring the Progress of the Elimination of Discrimination against and the Achievement of Equality for Women ­ Sri Lanka Report on Domestic Violence, Centre for Women \'s Research, Colombo 2001. xxxi See the Trial of the rape and murder of Krishanthi Kumaraswamy decided by the High Court on 3 July 1998 and Women \'s Rights Watch Quarterly Reports. xxxii Kamalini Wijayatilake, Camena Guneratne, Monitoring the Progress of the Elimination of Discrimination against and the Achievement of Equality for Women ­ Sri Lanka Report on Domestic Violence, Centre for Women \'s Research, Colombo 2001. xxxiii Ameena Hussein, Sometimes there is no Blood, Domestic Violence and Rape in Rural Sri Lanka, International Centre for Ethnic Studies, Colombo, 2000. xxxiv Shyamala Gomez and Mario Gomez, Gender Violence in Sri Lanka From Rights and Shame to Remedies and Change, Shakti, Colombo 1999. xxxv ibid. xxxvi The Child Protection Authority has been recording such evidence. xxxvii Kamalini Wijayatilake, Camena Guneratne, Monitoring the Progress of the Elimination of Discrimination against and the Achievement of Equality for Women ­ Sri Lanka Report on Domestic Violence, Centre for Women \'s Research, Colombo 2001. xxxviii ibid.  83    xxxix  Women \'s Rights Watch Year Report 1999.  84    ",336);arrFiles[34]=new Array(35,"images/A Hidden History Front & Back Cover copy.jpg","16 Nov 2006","A Hidden History Front & Back Cover copy.jpg","","","",194);arrFiles[35]=new Array(36,"images/aboutus.jpg","10 Oct 2006","aboutus.jpg","","","",24);arrFiles[36]=new Array(37,"images/aboutus_02.jpg","10 Oct 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Array(630,"magazine_contents/OPTIOPNS_2000_Issue2.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2000 ­ Issue 2  Women \'s Activism for Peace in South Asia Sunila Abeysekera Speaking Out: An Interview with the Women \'s Support Group Film Review: `Saroja \' Vishwapriya Those Jaded Jezebels No Recognition of sexual Rights in Sri Lanka Ambika Satkunanadan Love and War in Modern Sri Lanka: The IAS Exhibition Kumudini Samuel Poem Olive Schreiner Sexuality: A Feminist Issue? Sunila Abeysekera Violence Against Sex Workers Amitabh Anthonypillai Candlelight and Shadows Anoma Rajakaruna The Economic and Social Bases in Southeast Asia Lin Lean Lim `All Overboard Here \': Ruwanthi de Chickera \'s Two Times Two is Two Shenuka Peiris Looking Closer at American Beauty Robert Crusz    ",34);arrFiles[630]=new Array(631,"magazine_contents/OPTIOPNS_2000_Issue3.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2000 ­ Issue 3  Symbolic Value Ritu Menon Women in Parliament: The Issues at Stake Sunila Abeysekera Women and Political Non-Participation Kumudini Samuel Towards Gender Parity in the Bangladesh National Parliament Nirupoma Chowdhury Rahman The Trafficker \'s Paradise Ekram Kabir Bombay Barbie Through the Ages Geeta Patel Why have Anything to do with Religion? Elizabeth J.Harris Women in the Kazakh Film Industry Gulnara Abikeeva Down and Out, Washing Up with Gladys Nish Da Cunha Interim Charter for Nuclear Disarmament and Peace    ",34);arrFiles[631]=new Array(632,"magazine_contents/OPTIOPNS_2000_Issue4.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2000 ­ Issue 4  Wanted: Women Seeking Travle Companion Asha Abeysekera-Van Dort Violations Perpetrated Against Women in the Course of Movement The War Between Men and Women Michael Ondaatje The Real Situation of Sri Lanka Garment Factory Workers in the Middle East Sriyani Gunewardena Culture and Women \'s Agency in Displacement Dr. Darini Rajasingham Senanayake Men Versus Women While Travelling Lotte Ladegaard Marianne North: A Traveller in Skirts Richard Boyle Trends: Bliss goes Missing from Matrimony Bhargavi Nagaraja Train Fare Bulbul Sharma    ",33);arrFiles[632]=new Array(633,"magazine_contents/OPTIOPNS_2001_Issue1.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2001 ­ Issue 1  Health as a Right Kishani Kalupahana It \'s Time to Make a Change Prathibashi Seneviratne Gender Discrimination Affects Rural Women \'s Health Sumika Perera Celebrating Ethnic Diversity International Women \'s Day Celebrations in Polonnaruwa The Mannar Statement Physical and Psychological Abuse Affects Mental Health Interview with Piyanjalie de Zoysa Gender Inequality in Health and Illness Prassanna Cooray Women \'s Perspectives Across Countries and Cultures Rosalind P.Petchesky and Karen Judd CEDAW on Women and Health    ",31);arrFiles[633]=new Array(634,"magazine_contents/OPTIOPNS_2001_Issue2.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2001 ­ Issue 2  This issue featured the following women photographers: Dini Kurukulasuriya Dhanushka Amarasekera Tina Modotti Anoma Rajakaruna Menika Van Der Poorten Sepali Kottegoda Rohini de Mel Dilani Amarasinghe Devika Gunasena Julia Margaret Cameron Lotus Church: A Tribute    ",21);arrFiles[634]=new Array(635,"magazine_contents/OPTIOPNS_2001_Issue3&4.pdf","21 Jun 2007","Microsoft Word - Document1","","","2001 ­ Issue 3 & 4  Sri Lankan Women Creative Writers as we have Evolved Sita Kulatunga To the Tune of Wilderness Poem by Kanchana Ambagahawita Threshhold; Spirit Poems by Anupama Ranawana Weddings Poem by Parvathi Arasanayagam Revelations Short Story by Imangi Kottegoda In Profile Anne Ranasinghe, Lalitha Witanachchi & Suvimalee Karunaratne Thamil Poetry in Translation Chitra Maunaguru Cameos of Sinhala / Bilingual Creative Writers Monica Ruwanpathirana, Karuna Perera, Sybil Wettasinghe `Out of Line \': Sexuality in Punyakante Wijenaike \'s Fiction Neloufer de Mel Us, Women, 50 Years Ago and Now Nanda Pethiyagoda Interview Dhananjaya Karunaratne talks with Options Review ­ Eva Ranaweera \'s Collection of Poems Jean Arasanayagam City Under Seige ­ Extracted from a Novel in Progress, Tsunami Yasmin Gooneratne Subway Missionary; Death Comes with Violence; Power Play; Untitled Poems by Dharini Abeysekera Eyes Short Story by Maureen Seneviratne The Free Trade Zone; The Accused; The Honeymoon Poems by Anoma Rajakaruna    Khadija and the Soldiers Short Story by Ahmed Shamshad Begum Love Short Story by Madhubashini Ratnayake The Adoption Short Story by Jean Arasanayagam First Born Poem by Alfreda de Silva The Pain of Imagination Short Story by Ameena Hussein Ganesh: The Prince of Princess Poem by Sharmini Jayawardena    ",40);arrFiles[635]=new Array(636,"magazine_contents/OPTIOPNS_2002_Issue1.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2002 ­ Issue 1  Women and Political Representation Kumudini Samuel Winning the Right to Vote Interview with Chitra Manthilaka Kshama Ranawana Women Contesting the Local Government Elections Prathibashi Seneviratne Women Trade Unionists Dulcy de Silva Interview with Anjan Umma Kshama Ranawana Indonesia \'s National Commission on Violence Against Women Campaigning for Equal Representation Kishali Pinto Jayawardene & Chulani Kodikara Empowering Women Through Quotas Women \'s Franchise: World Chronology Film Review: State Power, Male Power and the Use of Force Vishvapriya Options Issue on Creative Writing Madhubashini Ratnayake    ",33);arrFiles[636]=new Array(637,"magazine_contents/OPTIOPNS_2002_Issue2.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2002 ­ Issue 2  Include Women in Negotiations for Peace Kumudini Samuel Interview with Visaka Dharmadasa Prathibashi Seneviratne Families Reunite in Malawi Heroines of Peace: Women in Black Mothers and Daughters of Lanka 87 Years of Peace Activism: WILPF Bleak Horizons on the East Prathibashi Seneviratne Lessons from India and Bangladesh Women and Conflict: The South Asian Experience Kshama Ranawana A Meeting of the North and South Sumika Perera AHIMSA ­ Promoting Skills in Conflict Resolution `Ruin-Seeing \' in Jaffna Dulcy de Silva What \'s a gun for doing, Mummy? Creating a Feminist Dialogue through Theatre Sarala Emmanuel Memorandum to the Government, the LTTE and the Norwegian Facilitators    ",33);arrFiles[637]=new Array(638,"magazine_contents/OPTIOPNS_2002_Issue3.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2002 ­ Issue 3  A Boring Article Nehama Jayewardene Queen Ooh La La Prathibashi Seneviratne ODEL Billboard Advertising and the Look Shermal Wijewardene The Advent of the Sewing Machine Nira Wickramasinghe Female Impersonation on the Shakepearean Stage Jehan Aloysious Film Review: `Flying With One Wing \' Shermal Wijewardene Power Dressing Farzana Haniffa Rukmani Devi Sumika Perera    ",32);arrFiles[638]=new Array(639,"magazine_contents/OPTIOPNS_2002_Issue4.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2002 ­ Issue 4  Innocence Destroyed: Child Abuse in Sri Lanka Child Abuse cuts across all social classes Interview with Former SSP Premila Divakara Social Implications of Violence Against Women Sepali Kottegoda Combating Child Labour through Education Interview with Jayanthi Liyanage, UNICEF Trafficking in overseas migration for labour Ramani Jayasundere Sati Anne Ranasinghe Migrant Workers Rights and Issues Viola Perera Garment Workers: An Exploited Lot Poem: Gunawathi Jean Arasanayagam    ",31);arrFiles[639]=new Array(640,"magazine_contents/OPTIOPNS_2004_Issue1.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2004 ­ Issue 1  Women in the Election of April 2004: A Perspective from the North and East Sunila Abeysekera As a Muslim Women in Politics: Interview with Minister Ferial Ashraff Kumudini Samuel Towards a Common Goal: Interview with Ms.Sujata Alahakkon Rasika Deepani From Social Activities to Politics: Interview with Ms. Thangeshwari Kathiraman Sumika Perera  Women have no Political Voice  ­ Interview with Ms. Sharmila Daluwatta Viola Perera  We Need to Step Out  ­ Interview with Ms. Druki Matinstein Jayanthi Kuru-Utumpala Women and Politcs: Challenges Ahead Nimalka Fernando Short Story: A Hybrid Jat Jean Arasanayagam Electoral Reforms and Political Representation for Women Poem: Untitled Prabodhini Munasinghe Interview with Ms. Kumari Ekanayake Sumika Perera    ",35);arrFiles[640]=new Array(641,"magazine_contents/OPTIOPNS_2004_Issue2.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2004 - Issue 2  Let \'s Take the Patriarchs On! Sunila Abeysekera Reproductive Rights and Gender Gaps: Some Observations Sepali Kottegoda Breast Stories Sitralega Pioneers of Women \'s Reproductive Rights Margaret Sanger / Mary Rutnam / Marie Stopes Choices Vivian Choi Interview with Dr.Sriani Basnayake Jayanthi Kuru-Utumpala An Eyeful of Green Bina Srinivasan Himalayan Declaration on Beijing +10 Poem: Sita ­ I am Radha Leena Irene Haputhanthri    ",33);arrFiles[641]=new Array(642,"magazine_contents/OPTIOPNS_2004_Issue3.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2004 ­ Issue 3  Acting Asian Sepali Kottegoda Relative Sadness Karina Africa Bolasco Fannyann Eddy: Victim of Misogyny Tit for Tat! Nehama Jayewardene The Meira Pabis of Manipur Sunila Abeysekera Poem: Women \'s Things Book Review: The Road from Elephant Pass Neloufer de Mel Wonderings Harini Dias Bandaranyake Film Review: Defiant Art Robert Crusz Home Away from Home? Jayanthi Kuru-Utumpala What is a Woman? Toril Moi Even God is Helpless Pushpa Ramlani On the Fringes: Marital Rape Sonal Makhija    ",34);arrFiles[642]=new Array(643,"magazine_contents/OPTIOPNS_2005_Issue1.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2005 ­ Issue 1  The Gendered Nature of Natural Disaster Sunila Abeysekera Interview with the head of LTTE \'s Women \'s Political Wing Tamil Net The Politics of Conflict, Gender and the Tsunami Kumudini Samuel Tsunami Fact Finding Mission to Galle Shermal Wijewardene & Nimathi Rajasingham Me, Myself and I Harini Dias Bandaranayake Coalition for Assisting Tsunami Affected Women Women \'s Groups Appeal for an Inclusive Framework for Disaster Response Gender Specific Issues Relating to Post Tsunami Displacement Short Story Pushpa Ramlani Dissanayake The Women Weavers of Poonochimunai Kumudini Samuel Interview with Ms.Zulfika Ismail Velayudan Jayachitra The Sea Paints a Picture Jayanthi Kuru-Utumpala What Did The Tsunami Leave Behind? Karuna Perera & Sugandika Muthumini Rising Above the Waves: The Story of a Tsunami Survivor Siththi Rifaya Memorandum to the President - Concerns of Displaces Women \'s Welfare and Rights    ",35);arrFiles[643]=new Array(644,"magazine_contents/OPTIOPNS_2005_Issue2.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2005 ­ Issue 2  Challenges Sunila Abeysekera A View From the South: Displace Communities Path to Normalcy Sophia Elek Interview with Kumudini Samuel on the Prevention of Domestic Violence Act Jayanthi Kuru-Utumpala Rodi Women: Burdens of Myth and Sexuality Richard Boyle Who is a Feminist? Violet Perera Poem ­ On a Theme of Infanticide Jean Arasanayagam Leaving Women Out ­ A Question of Faith Nehama Jayewardene The Story of Therese Amma Sepali Kottegoda and Jayanthi Kuru-Utumpala Just Blog It! Elektra Power After the Storm Harini Dias Bandaranayake Short Story ­ The Entaglements of Subsequent Knowledge Ameena Hussein    ",35);arrFiles[644]=new Array(645,"magazine_contents/OPTIOPNS_2005_Issue3.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2005 ­ Issue 3  The Future of the Peace Process Ram Manikkalingam Reproductive Health Concerns and Violence Against Women Sepali Kottegoda A Woman \'s Right to Decide Anne Abayasekara Creating an Enabling Environment for `Choice \' Chrishanthi Emmanuel Beyond Contraception Priya de Silva How Policy Beomces Practice: The Role of the Midwife Chandani Galwaduge The Role of Personal Histories in the Emergence of Non-Specialist Discourses on Female-to-Male Sex Reassignment in Sri Lanka Shermal Wijewardene Menopause Strategies for Empowering Women Shanthi Sachithanandan Guidelines for Organizations on Commemortaing the 1st Anniversary of the Tsunmai disaster Short Story - Christmas is Coming Chrishanthi Emmanuel    ",35);arrFiles[645]=new Array(646,"magazine_contents/OPTIOPNS_2006_Issue1.pdf","19 Jun 2007","Microsoft Word - Document7","","","2006 ­ Issue 1  Rant & Rave: Communication without Connection Asha Abeyasekera-Van Dort Masculine: The Metrosexual Jayanthi Kuru-Utumpala Political Comment: Equality without Protest: Reviving Political Engagement Mary Lyon Ms Gadget Reports: For Women on the Move Nehama Jayewardene Review: Art Theatre Film Literature: Walls Within Udeni Appuhamilage PH 5.5-Postive Health Corner: Chocolate Dr.Sanguine Events: Zipperman Velayudan Jayachitra Photo Essay: The Body Heshani Edward Anushka Pereira The Body ­ A Polemic Sunila Abeysekera At the Doctor \'s Mercy Frances Perkins Written on the Body Aruna My Body Elektra Poem: Sweet Water Leah Lakshmi Piepenza-Samarasinghe Short Story: Dump Shermal Wijewardene    ",31);arrFiles[646]=new Array(647,"magazine_contents/OPTIOPNS_2006_Issue2.pdf","21 Jun 2007","Microsoft Word - Options Contents Pages.doc","","","2006 ­ Issue 2  Rant & Rave: Sexist Commonplace on the Radio 24-hr Vigilante Masculine: The Royal-Thomian Family Sanjana Hattotuwa Political Comment: The Politics of being Political `Margaret Mead \' Platform: Women in the Media Chandini Rajaratnam Ms Gadget Reports: For Women on the Move Nehama Jayewardene Review: Art Theatre Film Literature: Walls Within Udeni Appuhamilage PH 5.5-Postive Health Corner: Cancer and Diet Dr.Sanguine Events: End Violence Against Women Bimali Amaresekere Photo Essay: The Family Alefiya Akbarally The Family Sepali Kottegoda What all New Mothers Should Know `D \' Gihani in the Family Himali de Silva My Family and Other Animals Piyumi Samaraweera Family = Respect + Love Or Husband + Marriage? Revati Chawla Poem: Choice Vivimarie Medawattegedera Short Story: Blood and Water Nehama Jayewardene    ",37);arrFiles[647]=new Array(648,"network/ACTFORM.htm","26 Jul 2007","Woman and Media Collective - Peace And Conflict","","","Search Home : Site Map ACTION NETWORK FOR MIGRANT WORKERS (ACTFORM) Site Under Construction Site Under Construction Site Under Construction Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[648]=new Array(649,"network/CATAW.htm","26 Jul 2007","Woman and Media Collective - Peace And Conflict","","","Woman and Media Collective - Peace And Conflict Search Home : Site Map COALITION FOR ASSISTING TSUNAMI AFFECTED WOMEN (CATAW) Site Under Construction Site Under Construction Site Under Construction Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[649]=new Array(650,"network/MDL.htm","26 Jul 2007","Woman and Media Collective - Peace And Conflict","","","Search Home : Site Map MOTHERS AND DAUGHTERS OF LANKA (MDL) Site Under Construction Site Under Construction Site Under Construction Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",19);arrFiles[650]=new Array(651,"network/SLWNGOF.htm","26 Jul 2007","Woman and Media Collective - Peace And Conflict","","","Search Home : Site Map SRI LANKA WOMEN \'S NGO FORUM (SLWNGOF) Site Under Construction Site Under Construction Site Under Construction Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",18);arrFiles[651]=new Array(652,"network/SLWPD.htm","26 Jul 2007","Woman and Media Collective - Peace And Conflict","","","Search Home : Site Map SRI LANKA WOMEN FOR PEACE AND DEMOCRACY (SLWPD) Site Under Construction Site Under Construction Site Under Construction Site Under Construction Legal &amp; Policy Reform Peace and Conflict Women in Politics Publications Media Tsunami Recovery All rights reserved: Solution By- Four Corners ",19);arrFiles[652]=new Array(653,"PEACE_STATEMENTS/Civil Society Statement on Muslims 21_Sept_2006.pdf","27 Sep 2006","An often forgotten factor in discussions and debates about the situation in Sri Lanka is the position and role of the Muslim c","","","STATEMENT FROM SRI LANKAN GROUPS REGARDING THE SITUATION OF MUSLIMS An often forgotten factor about the situation in Sri Lanka is the position and role of the Muslim community, the second largest minority community in the island and a critical part of the population of the conflict-affected areas of the north and east. While the Muslim population is 8% of the national population of 20 million they account for more than 33% in the East and 18% in a merged North and East. Over the years as the conflict has escalated, tensions between the different civilian populations of the area have deteriorated as a result of the armed actors \' conflicting interests. The Muslim community has been caught in-between different manifestations of the conflict at different moments in history at the hands of the state and Tamil militant movements. Massacres of 110 Muslim men at prayer in mosques in Kattankudy and 130 men, women and children in Eravur in August 1990 by the LTTE and the LTTE \'s forcible expulsion of the entire Muslim community of the five districts of the Northern Province, numbering 75,000 in October 1990 heightened the victimization and alienation of the Muslim population of the North and East. The killings, abductions and intimidation of Muslim civilians, the seizure of their land and property and economic restrictions including `taxation \' by the Tamil militant movements over the years of conflict and in the last 4 years of the peace process have intensified the Muslim community \'s insecurity. In addition, violence since the signing of the Cease Fire Agreement in February 2002, including communal riots and the killings of Muslims has demonstrated the problem of law and order in the north and east. The exclusion of Muslim representatives from the formal peace negotiations by both the government and the LTTE has contributed to the sense of marginalization and alienation of Muslims from mainstream politics. As the conflict has escalated in the past year, and the situation of civilians in the north and east has deteriorated, the collapse of `normalcy \' has led to heightened mistrust and suspicion between Muslims and Tamils and Sinhalese. All the armed actors engaged in the conflict derive benefits from this environment of distrust. The spirit of co-existence and mutual dependency which marked relations between the Tamil and Muslim Communities in the past has suffered as a result. With the escalation of the conflict since July 2006, threats to the Muslim community have increased. Muslims from Mannar and Jaffna who had returned to their old homes following the Cease Fire of 2002 began to move back into displacement in areas around Puttalam and Kalpitiya as early as first week of July 2006, following acts of intimidation by the LTTE. The majority of forcibly expelled Muslims continue to live in displacement as the challenges to return increase. In Mutur, the commencement of ground fighting between the LTTE and the government to control the town and its surrounding areas saw the Muslims and the Tamils seeking refuge in schools and places of worship, with both sides showing little regard for civilian protection, international humanitarian standards or the laws governing armed conflict. Four schools and a hospital were damaged as a result of artillery bombardment killing a number of individuals. As the situation in Mutur became intolerable, the civilian population fled, the Muslims primarily moving to Kantale, a predominantly Sinhala town about 60 kilometers away. The Mutur Muslim community was able to  1    get security assurances of safe passage from the LTTE. The Tamils fled south to the Batticaloa District. However, during the flight, LTTE cadres forced a large group of Muslims to take a detour via Kirandamunai, where the LTTE, pulled some young men out of the group, bound them and beat them. Shelling which started during this time hit the group which then scattered. It remains unclear as to how many were killed or abducted in this incident. By August 8, there were over 40,000 Muslim IDPs seeking shelter in tents and in Muslim schools in Kantale. The humanitarian response was slow, and government registration of IDPs did not take place. For over three weeks, this population of IDPs continued to live in sub-human conditions. On September 7, the government announced that the IDPs would return to Mutur. Despite a range of questions regarding security and infrastructure and given the onset of the monsoon making living conditions in Kantalai intolerable, Muslims were given no viable option but to return to Mutur. This raises grave doubts as to the voluntary nature of this process of resettlement. In one case of Camp 98 there is clear testimony to the use of the Police forcibly evict IDPs from the premises of Al Hiqma school on September 8. In Mutur, on September 18, Moulvi Kareem the head of the Sura Sabha (Religious Council) made a strong denunciation of the fact that the community had been resettled without adequate provisions being made. According to him, the Divisional Secretariat is not functioning properly; schools are functioning in name only, and students have no books or uniforms; and the restoration of electricity and water supplies has not been completed. Most significantly, the Muslim community has not received any compensation for deaths or destruction of property as promised. A newly created IDP Registration Project located within the President \'s Office has begun the registration process only on September 14. There are competing pressures and constraints on the Tamils of Mutur who had fled to Batticaloa to return to Sampur. Humanitarian agencies have not had full access to these IDPs. On September 18, 10 Muslim labourers, all men, who had been engaged in the clearing of a sluice gate at Iraddal kulam in the southern part of the Amparai District in the Eastern Province, were found hacked to death. One man survived the attack. Due to strong suspicions among the people of Potuvil and Ulla-- from where some of the murder victims came-- that the Special Task Forces of the Police were involved in the killings, there was a public demonstration calling for the removal of the Officer in Charge. On September 20 the Muslims of Ulla who were demonstrating against the killings were shot at by the police, resulting in fourteen persons being severely injured. These recent incidents of human rights abuses are part of the history of Muslims who have been victimized during the conflict and peace process and marginalized during peace talks. What has taken place in Mutur in the past three months is a reflection of the way in which the Muslim community is caught between the state and the LTTE. On the one hand, they have been subject to killing, ethnic cleansing and intimidation by the LTTE. On the other hand, they experience the  2    limited interest of the state in the welfare and protection of the Muslim population, and also have on occasion been the victims of state violence. In short, Mutur highlights the political and the security dilemma of the Muslims of the North and East. We feel that it is important to address the issue of human rights violations of the Muslim community of Sri Lanka, in the context of the conflict, in a two-fold manner. that of civilian protection as a common problem for all communities; and also as a distinct Muslim issue ­ that of a principal stakeholder largely marginalized in the peace process. At this present juncture basic humanitarian norms and human rights are being violated by both warring parties. Given the current political realities, where the violence seems set to continue for some time; we, the undersigned, appeal to The Human Rights Council to support an international fact-finding mission to investigate the violations of human rights and of the Geneva Convention, to assess the humanitarian response to the crisis, and to recommend how humanitarian standards and human rights can be monitored and improved.  We also urge you to recognize this incident as brought about by the unique conditions that Muslims face in this conflict and to support Muslim participation in the peace process. Muslims must be represented as a separate delegation at all levels of negotiations to end the violence, and to reach a political settlement. Dated September 21 2006 SIGNATORIES  Al-Kafaala Foundation Al-Muslimath Association of War Affected Women Caring Hand Centre for Policy Alternatives Citizen \'s Committee for Forcibly Evicted Northern Muslims - Puttalam Human Care Foundation INFORM International Centre for Ethnic Studies, Colombo International Movement Against All Forms of Racism and Discrimination (IMADR) Islamic Women \'s Association for Research and Empowerment (IWARE) Law and Society Trust Muslim Action Front Muslim Council of Sri Lanka Muslim Information Centre Muslim Women \'s Research and Action Forum Sri Lanka Islamic Student Movement Sri Lanka Jamathe Islmaiya Women and Media Collective Women \'s Education and Research Centre 3    ",49);arrFiles[653]=new Array(654,"PEACE_STATEMENTS/Defend_Womens_Right_to_Work27_April_2006.pdf","24 Apr 2007","Microsoft Word - 25 April urgent statment on Women  \\'s right to Work, East.doc","","","27 April 2006  DEFEND WOMEN \'S RIGHT TO WORK  As persons who have always been committed to the principles of nondiscrimination and of equality, we have noted with grave concern, the controversy around women working in non-governmental sector in the Eastern province. We feel that this is a backlash against the tremendous social and economic contribution made primarily by Tamil and Muslim women of the Eastern Province to their families and communities as development workers, social activists and mobilisers. The role women have played, during the conflict years as well as in the aftermath of the tsunami has been remarkable, and recognized as such by local, national and international bodies. The chronology of events should be set out here since there has been very little information available to non-Tamil readers regarding this issue. On April 2, a leading Tamil language newspaper, the Veerakesari, carried a report on a speech made by TNA MP Mr. Ariyanendran at a seminar on  \'Tamil Women and Culture \' at Tirukkovil. In his speech Mr. Ariyanendran stated that he had information about a high rate of abortions in the Eastern Province; he quoted precise figures, 183 for Batticaloa and 163 for Amparai within the past year. He cited the employment of young women in NGOs after the tsunami as being responsible for extra-marital sexual relationships, pornography and the spread of disease and called on all NGO workers to respect their culture. Some extremist groups picked up on the MP \'s statement and issued a call for women to cease working in NGOs, through the informal distribution of a leaflet. The leaflet apparently originated in Kalmunai, and bore the name of Affected Women and Women \'s revolutionary Army of Tamil Eelam (Batti/Amparai). It reiterated the MP \'s ideas that employment in NGOs would ruin young women \'s lives and future, and called on young women to leave their jobs by the 15th April 2006. The leaflet also held parents responsible for the actions of their daughter. The Veerakesari of April 7 carried a description of the leaflet and reiterated the demand that women leave their jobs by April 15 and linked this declaration to a Muslim Cultural Group. On April 20 articles in the Veerakesari and in the Thinukural newspapers granted women permission to work but warned that they would be watched.    A second leaflet was distributed subsequently, purportedly from Tamil Makkal Peravai (a hitherto unknown name), that explicitly threatened women with death if they did not resign by the 25th of April. This was published in the Eelanadam newspaper on 16 April 2006. There has been a range of responses to this issue. Newspapers reported that the Consortium of Humanitarian Agencies forwarded a letter calling for protection for their female workers to the law enforcement agencies. The NGO Consortium in Batticaloa was reported to have held a meeting with representatives of some NGOs with TNA MPs present, at which there was an assurance given by the MPs that women could continue to work. They urged that the Consortium and the women \'s parents would monitor their behaviour. Some NGOs have simply chosen to offer the female employees extended leave until the issue is resolved. It is regrettable that a Member of Parliament has been responsible for generating such a controversy, in negation of his responsibility as a representative of his constituency. This represents a denial of all that our society has achieved in terms of equal rights for women to education, health and employment and undermines not only our Constitutional commitment to equality but also our obligations under international law. Sri Lanka is signatory to the International Convention on the Elimination of All Forms of Discrimination against Women as well as to many Conventions of the International Labour Organization that guarantee women \'s right to work. Such attitudes, publicly held and disseminated also constitute a negation of the tremendous courage and sacrifice with which Tamil and Muslim women in modern Sri Lanka have advanced themselves and their communities. It also disregards the tremendous amount of work women from both communities have done among those affected by conflict, particularly among women and children who are the most affected. This component of work which is culturally sensitive could not have been possible if not for women workers in NGOs. It is also regrettable that voicing a concern regarding women \'s safety in the workplace in such extreme and primitive formulations in fact masks the reality of exploitation and abuse that women and men workers may be exposed to in their working life. We believe that any form of violence and abuse against women, if any, in the workplace needs to be dealt with through a procedure set up to redress such situations. Such a mechanism should be gender sensitive and can include a procedure set up either within workplaces or in institutions such as the Human Rights Commission or the National Committee on Women. We reaffirm our commitment to women \'s right to work, and extend our solidarity and support to women in the Eastern Province to confront this challenge with courage and determination. We call on the TNA, as a leading political party, to issue a rebuttal of this    position and reiterate their commitment to the equality of women. We call on the Ministry of Women \'s Affairs and the Ministry of Social Welfare to ensure that the rights of women who choose to work are protected and that whatever anti-social elements attempt to prevent women from leading a full and equal life are duly punished. Sumika Perera Asha Abeysekara Nimalka Fernando Women and Media Collective Kumari Jayawardena Shireen Saroor Maithree Wickramasignha Nehama Jayawardene Sunila Abeysekara Sepali Kottegoda Viola Perera Velayudan Jayachithra Kumuduni Samuel Centre for Women \'s Research (CENWOR) Jayanthi Kuru-Utumpala Vanamali Gallappathi Sulochana Colombage Shymala Gomez Viluthu Mannar Women \'s Development Federation Charan Rainford H.I Samanmali Nicola Perera Pradeep Jeganathan Ambika Sathkunadan Prasanga Sanjeewani Soundarie David Muslim Women Research and Action Forum Seetha Ranjani Ranjani Manuellpillai Bhavani Fonseka Kantha Shakthi Anberiya Hanifa Rohini Weerasignha Amitha Chetty Nimanthi Rajasingham Shanthi Sachithanandan Rukshana Nanaykara Sumathi Sivamohan Ameena Hussein Sam Perera Jagath Senaratne Tharumani Wijekoon Nelika Rajapakse Thushari Madahapola Neloufer de Mel Stella Phillips Indira Gonsalkorale Lakshman Gunasekara Annie Kurian Prema Gamage Shamini Boyle Nalaka Perera Manoji Gunasekara Dilrukshi Weerathunge Dayani Gunesekera Naveen Fernando Manilal Weerakoon Sharni Jayawardena Upeksha Thabrew Maria Kenney Dabidu Organisation Pushpa Ramlani    ",154);arrFiles[654]=new Array(655,"PEACE_STATEMENTS/Fact Finding Report - Kantalai & Serunuwara 25_Aug_2006.pdf","8 Sep 2006","Microsoft Word - kantalai august 2006 final1.doc","","","REPORT ON FIELD VISIT TO KANTALAI AND SERUNUWARA: (TRINCOMALEE DISTRICT, EASTERN PROVINCE, SRI LANKA)  AUGUST 25th, 2006 Introduction: On Monday August 21, 2006, a team consisting of representatives from INFORM (Sunila Abeysekera and Udaya Kalupathirana), the Centre for Policy Alternatives (Bhavani Fonseka and Mirak Raheem) IMADR (Nimalka Fernando and Titus Fernando) visited Kantalai and Serunuwara to ascertain the situation there with regard to internally displaced persons (IDPs). Among the centres for IDPs visited were: in Kantalai: Aysha College and 6 related sub-camps ­ Al Najah, Al Husna, ICDF, CSA (Ikram) and Gemunu (people living outside the camps); in Kottankatuwa, just outside the town of Kantalai: the Peace Refugee Camp; in Serunuwara: centres located at Kavantissa Vidyalaya and Pilgrim \'s Rest near Seruvila temple.  Among those met were: the Chief Clerk at Serunuwara Divisional Secretariat (DS), Samurdhi officer at Seruvila, Divisional Secretary Kantalai, Women \'s Development Officer, Kantalai, members of Eastern Women \'s Organization, Community Trust Fund, Jamiyathul Ulama, and Muslim Information Centre in Kantalai and members of Non-Violent Peace Force in Habarana; The Historical Context: Trincomalee District is a critical site of the ethnic conflict in Sri Lanka, partly because it links the north of the island with the east, and partly because it has a large natural harbour around which has developed the biggest Naval base in Sri Lanka. It is from Trincomalee that ships carrying people and goods travel to the north and it is in and around Trincomalee that some of the toughest sea battles in the ethnic conflict have been fought. Trincomalee was the capital chosen by the ill-fated North-East Provincial Council in 1987 and was the base from which the Indian Peace-Keeping Forces launched many operations against the LTTE. Mutur town, which lies across the bay from Trincomalee town and is most easily accessed by ferry from Trincomalee, has a mixed population of Muslims and Tamils. It has been controlled by the security forces. However, the Mutur administrative area also includes areas controlled by the LTTE and thus the area has often been the site of clashes between the security forces and the LTTE as well as between the two communities. Traditionally, Trincomalee was perhaps the most plural of Sri Lankan Districts, with a mixed population of Sinhala, Tamil and Muslim and a cultural heritage drawing on all mainstream religions and also on indigenous beliefs. It is perhaps because of all these factors that the District has also been the contested site of decades of demographic manipulation. State-aided settlement schemes around the Kantalai tank in the 1960s saw a major influx of Sinhala people into the District, radically altering the ethnic break-down of the District \'s population. 1    The protracted nature of the conflict has transformed Trincomalee into a heavily militarized and polarized town, and District. It has undergone waves of violence and displacement since the late 1980s. The situation in the District has grown especially tense in 2006, following the murder of five students in Trincomalee town on January 2. Since then, there have been continuing clashes between the security forces and the LTTE as well as communal clashes in which the lives and property of civilians were destroyed. The violence has also been extremely high in Mutur. Assassinations, attacks on NGOs, abductions and disappearances have all risen in the Trincomalee and Mutur areas. In late April 2006, aerial bombing on areas in Mutur by the State, especially around Sampoor and other LTTE-controlled areas, and the violence on the ground created a large displacement of all communities, In July 2006, this year Trincomalee underwent a new wave of violence. This time, the conflict was over water. The LTTE unilaterally shut the anicut (sluice gate) at Maavil Aru, in the Serunuwara area, cutting off access to water and affecting the lives and livelihoods of approximately 15,000 people from all ethnic communities, living downstream. Thousands of acres of paddy land, waiting to be harvested, were destroyed as a result. The LTTE cited the restrictions on supplies coming into LTTE-controlled areas and water shortages as the reason for their action. The Government initiated a military offensive to open the sluice gate and the LTTE launched a counter offensive, seizing control over parts of Mutur. As the two sides fired artillery shells to maintain control of the town the civilian population fled their homes, often seeking refuge in public buildings. Some schools which offered them shelter were hit by shells and a number of displaced persons were killed. There were acute shortages of food and water, and restrictions on movement. After 2 days of heavy shelling, the civilian population of Mutur and its environs resorted to mass flight, with thousands of Muslims moving to the relative safety of Kantalai Town, at least 30 km away. Large numbers of Tamils from Mutur, Thopur and Sampur fled into the LTTE-controlled areas and to Trincomalee Town. In effect, all three ethnic communities were forced into displacement. At present there are IDPs from this wave of violence in Kantalai, Tambalagamam, Trincomalee and Kinniya in the Trincomalee District, as well as in Vakari in the Batticaloa District. A number of displaced families were also reported to have moved from Kantalai to other areas as far afield as Negombo and Kurunegala. The present context: Kantalai and Serunuwara Kantalai is a predominantly Sinhala settlement town, that grew up around the large Kantalai tank that provides water for thousands of acres of paddy. Serunuwara is a smaller town with a mixed population. It is a place of Buddhist pilgrimage due to the location of the temple at Seruvila. Figures made available to us by the Divisional Secretary, Kantalai, indicated that on the evening of Monday August 21 there were 24,173 displaced persons living in Centres in and around the town of Kantalai. The majority of them are Muslims, from Mutur. Of the Sinhala IDPs who had reached Kantalai and first took up residence in the Buddhist temple in the town, there were only 70 families left. They had moved to the area near the Railway Station, and many of them were ready to return to their homes. Since there is no shelling of Kantalai town and its immediate vicinity, there had been no displacement of the people of Kantalai.  2    In Serunuwara, there were 71 families in the Pilgrim \'s Rest of the temple and 176 families in the Kavantissa school. They were all Muslims, fleeing from Selvanagar, Allanagar and Thoppur. In addition, officials told us that almost everyone in the town had spent several nights gathering in public buildings for fear of the shelling which was very close to the town on some occasions. Waves of IDPs arrived in Kantalai from the 3rd and 4th of August. At a peak, there were around 27,000 persons. By the time of our visit, August 21, the numbers had begun to reduce. Over 3000 persons had returned to Mutur and surrounding areas. We were informed that the state had provided transport to take those who wished to return to their homes, with one bus having taken 8 families on the day of our visit. While many that we spoke to indicated their desire to return home, the prevailing situation did not give them the confidence to do so. One man who had gone back to Mutur said that the shelling had continued upto the 20th and that they could not spend their nights at home. Such stories only reaffirm the fears of those presently living in the schools and centres in Kantalai and contemplating return. Although the government continued to assert that there were initiatives underway to restart the ferry service between Trincomalee town and Mutur, to rebuild the damaged infrastructure and homes and to restore the electricity and communication services, yet much more has to be done to restore normalcy and provide security guarantees. This too was a factor that prevented people from returning to Mutur. As we drove up to Serunuwara we saw sections of the paddy field where the crops had withered due to the water shortages resulting from the closure of the Mavil Aru sluice gate. We were told that the Government was going to compensate the affected farmers. People are currently using the waterway but we were told that some are still wary of using it for drinking water as they think that due to the fighting there may be dead bodies that may have fallen into the waterway. Coordination of Relief and Humanitarian Assistance There were records of the IDP population being maintained by the officials attached to the Divisional Secretaries of Kantalai and Serunuwara. In Kantalai, these records related to 10 Centres, and were updated on a daily basis. In Serunuwara, the data was for the two Centres there. In addition, the Muslim Information Centre (MIC) has IDP figures collected according to their sources from 32 Centres on a daily basis. The discrepancy in the number of Centres ­ 10 and 32 ­ was probably because the MIC counted every location in which IDPs were present as a  Centre \' whereas the DS had a system in which the 10 public buildings were recorded as IDP Centres and the IDP settlements that had sprung up around these buildings were identified as mini-Centres affiliated to the closest main Centre. Although this was somewhat confusing, the overall figures of displacement were more or less similar. The figures fluctuated day by day as people left the Centres, some to return to their homes and others to relocate elsewhere. The figures available were disaggregated on the basis of sex and age; there were figures of pregnant women, lactating mothers and infants, as well as of those with disabilities. There were records of deaths that had taken place in the Centres. However, there was no record of births. At Aysha College in Kantalai, for example, we were told that five babies had been born since the people moved into the Centre; however, this figure was not recorded in the tables made available to us.  3    The Divisional Secretary of Kantalai had appointed a team of officials from the Divisional Secretariat to each Centre. Reportedly at least one of them per Centre was Tamil-speaking. Different NGOs had taken over the supervision of different Centres. This was clearly acknowledged by the officials and there seemed to be a reasonably dynamic working relationship between the NGOs and the government officials, even though there continues to be problems and tensions between them. The Jamiyathul Ulama seemed to be responsible for the overall coordination and each NGO working in each camp was a part of the broader Coordinating Committee coordinated by the JU. In Serunuwara, both Centres by the temple were coordinated by the Red Star organization, the emergency relief wing of the JVP. Living conditions in the Centres: In Kantalai, a large number of IDPs are residing in the premises of six large Muslim schools in the town area. Many others are living in tents, erected on the school premises as well as in abandoned paddy fields and in large gardens belonging to residents of Kantalai. They are all in close proximity to each other. Each of the welfare centres is extremely overcrowded; in some cases, several families were occupying one tent. Oxfam, UNICEF and other agencies were providing drinking water bowsers for each of the camps. However, there were problems with regard to water for washing and bathing. There was also a shortage of toilets. There is continuing concern that the toilet and sanitation facilities in Kantalai are inadequate and that there is a danger of contamination of waterways. In Serunuwara, people were living in buildings, but there were insufficient toilets. In the Pilgrim \'s Rest, for example, there were two toilets for 185 persons. As a result many people were using the scrub jungle outside the building as a toilet, raising fears regarding a deteriorating situation with regard to sanitation. In both Kantalai and Serunuwara we observed a large number of children below 12. In Aysha School Centre in Kantalai, there were 382 children below 5, of a total population of about six thousand. There seemed to be no attempts to organize any educational or recreational activities for the children and many parents voiced their concerns regarding the long-term educational prospects for their children in the event that the displacement was for a long period. In Kantalai we observed a Public Health Worker in one Centre, at Aysha College. The DS assured us that there were mobile medical teams doing the rounds of the Centres and that there were no outbreaks of infections of any kind. On the day that we visited the MS of Trincomalee had also inaugurated a Field Hospital located in tents that had been erected on a public ground close to the town which could accommodate over 100 people. Food: Rations and entitlements: Almost everyone we spoke to, officials, NGO workers and IDPs, commented that food delivery had been problematic particularly in the first three days. Since then, it is quite clear that the situation has improved. However, key issues remain in terms of the entitlements of IDPs and the role of the state in fulfilling its obligations to provide basic needs to IDPs.  4    There were some complaints about delays in the response of the Divisional Secretariat to the arrival of the IDPs. For example, the distribution of cooked food that was supposed to be given to the people in the first three days after displacement was clearly not satisfactory. At the same time, even by the third week, it was clear that the office is understaffed and underequipped and has been working over-time to deal with the crisis on their hands. The IDPs in Kantalai had been receiving cooked food on almost all days from groups of Muslims who had come in from outside the area to provide this service to their displaced families and colleagues. This process had, in a way, enabled the IDPs to avoid taking decisions as to their own processes for provision of food, whether it involved collective or individual cooking. It had also created an avenue for the state to step back in terms of its responsibilities to provide food assistance to the IDPs. In Serunuwara, IDP families were cooking individually. According to the information we received, the government has not instituted a system for issuing dry rations to the IDPs, which would require individual registration. Instead, officials were issuing food items such as rice, dhal and flour, in bulk to the Centres. This led to the belief that the government was not issuing rations to the IDPs. We were also told that food supplies had already been sent to Kantalai by World Food Program, which relies on the Government to handle distribution, but that there were delays in delivery to the displaced populations. In the present situation, it would seem that the interventions on behalf of the IDPs by voluntary organizations and humanitarian agencies is being viewed as `sufficient \' by the state and therefore provides an `excuse \' for the state not to fulfill its own obligations with regard to these people. There was some dissatisfaction expressed by the IDP community and by NGOs working with them in this regard. There was not enough discussion between the NGOs and the IDPs on the one hand and government officials regarding this. In Kantalai we were informed that NGOs who had so far engaged in the provision of cooked food and dry rations to the IDPs would bring this assistance to a halt on Friday August 25 in an attempt to pressure the state to commence its own process of food distribution among the IDPs. Security Issues: There were some security concerns raised by the displaced communities. In Kantalai, two young Muslim men had been abducted from Al Tariq College and killed on August 7. Following this there had been Police officers and Home Guards allocated to guard the main Centres. Human Rights Concerns: Among the key human rights violations that have been experienced by the people of Mutur in this particular wave of displacement are: The deaths of IDPs seeking shelter in public buildings due to shelling; for example, a 8 year old boy was killed by shelling while sheltering at St. Anthony \'s Church on August 2, a group of 10 persons were reported to have been killed in Mutur Arabic College on August 2 when a shell fell on the school, a further group of Muslim IDPs  5    were reported to have died at Al Noor College in Thopuur, again when a shell fell on the school on August 3; Abductions, disappearances, assassinations: en route from Mutur to Kantalai, a group of Muslims were stopped by the LTTE between the 3rd milepost and Pachchanoor and asked to travel by a side road. When the Muslims did as they were ordered, they found that some men were separated from the main group and detained by the LTTE. It is reported that a masked person identified the individuals who were led away. People reported that a shell fell on the spot at that moment and everyone fled. It is not yet clear how many people are still missing and the figures are as high as 180. When the ICRC accompanied members of the community on a visit to the site, for which only one hour was allowed by the LTTE, only three bodies were found. Killing of 17 workers of Action Contra l \'Faim in their office in Mutur town; Abduction and killing of M. Hassaly (28) and Abdul Nasar (32) taken from Al Tariq College IDP Centre on August 7; Closure of Mutur hospital on August 3, the attack on an ambulance and killing of three persons who were in the vehicle at the time all constitute not only a violation of human rights but of humanitarian norms.  -  The future: Prospects for the Displaced The IDP Centres in Kantalai are overcrowded and life in them will become intolerable over the next few days. In addition, the rains are due and living in tents would then become impossible. The DS has stated that in such an eventuality all schools would be opened to the displaced. At present, only the Muslim schools in Kantalai have been made available to the IDPs. However, this could only be an extremely short-term measure since schools are due to re-open for the third term on August 29. Another critical need is the improvement of existing toilet facilities in the present Centres. Temporary Relocation : In the present context of uncertainty regarding the future, the impending rains and the reopening of schools, there is a need for a substantive medium-term plan for alternative transitional accommodation for this large IDP population. The UNHCR, it is reported, will spearhead the construction of transitional shelters and the formulation of shelter guidelines. However, speedy action by both the Government and by humanitarian agencies is needed to ensure that IDPs continue to be provided with adequate shelter until such time as they decide to return to Mutur. There are several proposals being floated regarding transitional accommodation that were relayed to us. One of them was to create a large transitional camp on land belonging to the State Sugar Corporation in Kantalai. Some of the people we spoke to felt that this was not a viable option due to the potential for creating tensions between the long-time Sinhala residents of the town and the Muslim IDPs. People with experience of the situation of Muslim IDPs in Puttlam cited that experience as an example.  6    There was another proposal to create a `Safe Zone \' close to Thoppur which would enable the displaced people to be within reach of their fields, homes and farms and yet be a space in which they felt secure. The concept of the `Safe Zone \' would of course have to be negotiated with the government and the LTTE as well as with other Tamil and Muslim actors in the region. Resettlement and Return: In our conversations almost everyone told us that many of the displaced are determined to return but are held back by the lack of security that prevails in Mutur at the present moment. The experience of regular shelling, especially shells falling on to places where they had sought refuge, and the abduction of men on their way to Kantalai are key contributing factors to the high level of insecurity among the displaced. About 4,000 families live in Mutur now, including almost 3,000 persons who returned from Kantalai. A returnee who had come to Kantalai for some business told us that the sound of artillery firing had continued up to the night of the 19th. He said that the children are especially terrified by this. Most of the returnee families do not spend nights in their homes and continue to seek shelter in public buildings. Some of the displaced currently in Kantalai have visited Mutur in order to collect valuables and to check on their homes but are reluctant to move back right away. There is a lot of pressure from within the Kantalai Muslim community as well as from the Eastern Muslim community at large for the Mutur Muslims to return. The experience of Northern Muslims who were expelled in 1990 and who continue to live in a state of semipermanent displacement serves as a warning of the dangers of long-term displacement. The experience of coming under siege, the artillery bombardments of Mutur and the forcible abductions and killings near Panchanoor have intensified the community \'s insecurity and fear particularly vis-à-vis the LTTE. Specific Observations: The situation on Kantalai during the past three weeks raises the issue of the level of disaster preparedness that prevails in a District such as Trincomalee, in spite of its many prior experiences with displacement related to the conflict and to the tsunami. Although a coordinating committee chaired by the Government Agent of Trincomalee was established within three days of the influx of displaced persons to Kantalai, there were many reports of delays in delivery of basic needs and at present, there are lacunae in key facilities and services that need to be addressed. A number of steps are required in order to facilitate return including guarantees of security, provision of essential services, reconstruction and compensation for damages. 1. In this context, the creation of an environment in which the IDPs can return to Mutur is absolutely essential. At the same time it should be ensured that the return and resettlement of IDPs is entirely voluntary and that it is carried out under supervision of a body of state and non-state agencies with full respect for all international and national  7    standards for such return and resettlement including for processes of consultation with the affected people. 2. It is also critical for the state to implement the already established procedures for issuing dry rations to IDPs IMMEDIATELY; delays will only further deprive these displaced citizens of their basic entitlements. 3. When considering the issue of dry rations to IDPs, we must raise our concerns regarding the formulation under which the allocations have been made. The information is as follows: Family of 5 members or more Family of 4 members Family of 3 members Family of 2 members Family of 1 member Rs 1260 per month Rs 1008 per month Rs 840 per month Rs 616 per month Rs 336 per month  This allocation based on a Circular from 1995 is obviously inadequate given the rising cost of living and the hardships caused by the conflict, and does not take in to consideration large families with more than 5 members. It is imperative that the relevant authorities revise these Regulations. 4. It is also critically important to begin a process of assessing the damages inflicted on the IDPs ­ including death and disappearance of family member, destruction and loss of property through shelling or looting, loss of livelihood ­ in a transparent and participatory manner so that the concerns of the state and of the various international and national agencies involved in the process of resettlement as well as the concerns of the IDPs themselves are clearly understood by all. 5. As we have stated in earlier reports, we feel that a critical step in improving disaster preparedness would be the construction of more toilets and water supply systems in schools in the North, East and North-Central Provinces, since they are the public buildings that most often serve as shelters during man-made and natural disasters. This would ensure a vast improvement in the quality of life of school children in these Districts as well as ensure that in the likelihood of a displaced population seeking shelter in the school, adequate facilities are already in place to meet their needs. General Observations: Ethnicisation of Humanitarian Assistance The ethnicisation of humanitarian assistance is perhaps the most obvious feature of this present round of displacement. The Sinhala families who were displaced were relatively few in number and their capacity to return and resettle is more than that of the Tamils and Muslims who have also been displaced in large numbers. This is due to a variety of factors including the locations of these various communities.  8    The process of `counting \' the Muslims from Mutur who have been displaced to Kantalai, Serunuwara, Kinniya and Tambalgamam in particular has been conducted by both state and non-state agencies. The delivery of relief and assistance to these IDPs seems to be coordinated by both state and non-state agencies. The presence of religious and political organizations in Kantalai and Serunuwara signal the potential for humanitarian assistance to become more politicized making it difficult for other humanitarian actors to access these displaced communities. The situation in Kantalai and the surrounding areas highlight how the provision of humanitarian assistance has been on ethnic lines, as well as used to propagate political agendas and to prevent other actors getting involved. During the visit to the two camps in Serunuwara, the strong presence of Red Star, the JVP relief organization, was evident. Muslim IDPs in these camps were dependent on Red Star and felt isolated and let down by local politicians and by Muslim leaders. Several IDPs mentioned to us that in the event that Muslim leaders allied with the Government visited them, they would be assaulted, as the IDPs felt betrayed by these leaders. In the camps in Kantalai, humanitarian agencies with a specifically Muslim or Islamic orientation, as stated in their names, were predominant, mostly functioning under the umbrella of the Jamiyathul Ulama. There also seemed to be some imbalance in the distribution of relief between Kantalai and Serunuwara, creating a perception of discrimination. While acknowledging that the security situation had limited access to Serunuwara till recently, it was evident that many international and national actors were present in Kantalai while few had made the trip to Serunuwara. In addition, several IDPs at Kavantissa Vidyalaya mentioned that while residents from Selvanagar, Allanagar and Thoppur were presently living in the school, IDPs from Selvanagar were getting better assistance compared to others. We were also told of differential treatment of the Sinhala and Muslim IDPs by the local government agencies. Thus there were potential points of tension between the Sinhala and Muslim communities as well as within the Muslim community. In addition, some international agencies reported hostility directed against them by the Sinhala community living on the road between Kantalai and Mutur, and on the road from Kantalai to Trincomalee. ICRC and NVPF were among the INGOs whose vehicles had been attacked by angry bystander. The Sinhala people we spoke to explained it as anger that no NGO had intervened to resolve the closure of the anicut in any way and thus led to military action or to address the humanitarian consequences of the water shortages. This situation has increased the fears of international humanitarian agencies who are already constrained by the violence and security precautions. In contrast to assistance being provided to Muslim and Sinhala IDPs, assistance to the Tamils who have been displaced by the heightened violence since August 4 and who have fled to LTTE-controlled areas is almost invisible. Restrictions on humanitarian actors including the difficulties faced in accessing LTTE controlled areas has caused problems collecting numbers and therefore there could be variances in figures. UNHCR figures dated August 22 show that there are around 37,000 in and around Batticaloa District. In addition, there are estimated to be around 47,000 IDPs in Jaffna, 35,000 in Mullativu and 10,000 in Killinochchi.  9    1. There needs to be a clear and public commitment on the part of the government that relief and assistance will be distributed without discrimination and prejudice. 2. Groups working in the Kantalai and Mutur areas need to work together to develop community-based initiatives that could bridge the polarization that has taken place among communities as a consequence of the violence and conflict experienced by all over the past months. 3. Provision of humanitarian assistance to IDPs in LTTE controlled areas, through agencies such as the ICRC or the UNHCR needs to be given top priority at every level. 4. Measures must be taken to assess the situation of the civilian population in both government and LTTE controlled areas of Mutur and Kantalai Divisions and appropriate mechanisms put in place to facilitate the delivery of basic supplies to IDPs of all communities. Restrictions imposed on humanitarian assistance As the outbreak of offensive and counter-offensive has intensified over the last several weeks, various restrictions have been imposed on access to certain areas by humanitarian agencies, on grounds of security. This has affected their programmes and the transport of essential relief items to the conflict-affected areas of the north and east of Sri Lanka. This has hampered the activities of both national and international NGOs to a great extent. Not only has the capacity of these agencies to provide relief and humanitarian assistance to conflict affected communities been curtailed, they have also been at the receiving end of much verbal abuse and even physical attack. The murders of 17 Sri Lankans working with ACF (France) in Mutur during the recent conflict is the most glaring example. In addition, and quite separately from the security concerns that led to restrictions of access to INGOs in particular, have been the new regulations on obtaining work permits and permits from the Ministry of Defense for INGO workers. The new regulations on visas and work permits for non-Sri Lankans working in the NGO sector have come into effect at a time when the services of these groups and agencies is required more than ever. The denial of access by the security forces to INGOs seeking to enter LTTE-controlled areas for the provision of food and other emergency assistance has been raised with the government consistently by international and national humanitarian agencies over the past two weeks, with little success. This has undoubtedly had a terrible impact on the well-being of IDPs in those areas and also results in a loss of confidence in the government by the civilian population who has been displaced by the fighting. The LTTE too has denied or restricted access to areas under its control, for example, in the case where they only allowed one hour to civilians to try and locate and recover their dead in Pachchanoor. Many INGOs have confirmed that the sometimes contradictory demands made by security personnel at various checkpoints in the North and East is seriously affecting their capacity to travel within the country. Many reported being stopped at military check points where a MoD permit is requested ­ even though the MoD insists that no procedure for obtaining such a permit exists - and there have been incidents where agency staff have been threatened with arrest if such a permit is not produced. Several agencies have temporarily moved out of Trincomalee town either to Habarana or to Colombo due to these restrictions and to security concerns.  10    While it is clear that the state had started the process of instituting these new regulations long before the present humanitarian crisis emerged in its present form, and while the on-going conflict makes certain security measures necessary, as groups committed to the protection of civilians in the context of the conflict we strongly urge the government and the LTTE to take all steps within their power to facilitate access to IDPs of all ethnic and religious communities in all parts of the north and east and thereby prevent a massive humanitarian crisis which will only hinder return to the peace process. 1. On the part of the state, clear instructions need to be issued to the Police, the security forces and auxiliary services regarding the various permits and documentation that INGOs and their workers are required to carry with them in order to facilitate security checking and clearance. A unified and harmonized procedure would greatly ease the burden on all concerned. 2. Pressure should also be brought to bear on the LTTE to grant access to areas under its control to humanitarian agencies. Human Rights Concerns: State institutions such as the Ministry of Human Rights and Disaster Management, local and national NGOs and the communities themselves need to be involved in processes that will investigate and document violations, pressure for prosecution of perpetrators where possible and also advocate justice and redress for all those who have suffered as a consequence of the violence and of the displacement. 1. The process of documentation being undertaken with the IDP communities needs to look at the human rights violations suffered by the IDPs, individually and collectively, as well as their claims for compensation and justice. In terms of the `disappearances \' that have allegedly taken place during flight from Mutur to Kantalai, it is critical to carry out a process of comprehensive documentation to ascertain who is missing. There is a great deal of confusion regarding the Muslim men and boys reported to have been detained and killed at Pachchanoor by the LTTE. A record of those males who are missing has yet to be publicly released, even though the female family members are resident in the IDP Centres in Kantalai. Groups that are interested in carrying out a registration claimed that it was very difficult to collect such information because the displaced are too frightened of the repercussions for themselves and their families if they were to identify individuals who had been killed or abducted. This is because there is a sense that the LTTE was targeting some specific individuals and groups who had been working against the LTTE in Mutur in the past months. Especially as the community is intent on returning to Mutur, they feel they should not antagonize or alienate any of the groups who wield power in that area. Media reported that S.P. Thamilchelvam, leader of LTTE \'s political wing, had denied that the LTTE had apprehended Muslim youth in Panchanoor but says that the LTTE had created a safe passage for Muslims to flee the area. In the same article he states that the LTTE apprehended paramilitaries who were attempting to infiltrate the safe passage and goes on to add that there were no survivors from the incident due to a shell which hit the area. The LTTE needs to ensure that humanitarian actors and local leaders are provided access to the site without imposing time limitations to search and retrieve bodies as well as to collect  11    evidence. It also needs to take responsibility for putting civilians \' lives at risk through laying siege to Mutur, for shelling targets in the town and for the forcible abductions. 2. The state needs to make a serious commitment to investigate violations, such as abductions and murders that have taken place in the context of the conflict and the displacement. In particular the state should take responsibility for the deaths that occurred due to shell explosions initiated by the SL security forces and pay compensation to the families of those who died as a result of shelling. 3. Extra-judicial killings that have taken place in Mutur prior to and during the displacement, such as the killing of 17 ACF workers, as well as those that have taken place after the displacement, in Kantalai, must be investigated. In view of reports regarding an exhumation of the bodies of the ACF workers and a new forensic examination conducted by an Australian forensic scientist, it is important that these processes are monitored by independent bodies including lawyers, who will guard the interests of the family members. 4. Reports that the state will pay compensation for those farmers who lost their harvest as a result of the closure of the Mavil Aru sluice gate should also be closely monitored in order to ensure that the compensation is calculated and disbursed in a way that respects principles of equality and non-discrimination. There also should be some balancing between these payments and the payments made to those who have lost property and livelihood in Mutur and other areas due to shelling.  12    ",66);arrFiles[655]=new Array(656,"PEACE_STATEMENTS/Fact Finding Report - Kebettigollawa 18_June_2006.pdf","27 Sep 2006","PDF995, Job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  % % % %  / % ( ( /(  / % (% % %/ % /  *   % / # # % *  / % %8 / %% % % ( %/  / / %% % * %% %/ ( / ( %*   ! (* / % ( 8 %/ %  %  / %/ *     \' % 5 ! !% / % % ( / % ( % ( :9 % ( (9 // % % % / * / / ( , % % / !/ / (       \' % / % % !   % % * %! ( ( !/  >/  ( % %% % % ( ( % ) % % % % % C% % % % % */  \' * % * % % % %  8 *  / ! *  9 / / %  2  %% / / %  %%  / %  / % (   ( ( /   / * ( / (/( /%  %  0 A  ! % % *  (/ 5  ( 8 * ( % % ( * / 6 < /  %  % % / / / / (/  /  ( * ( / (( / / %  % / /  % (*   % ! / (  % (% ( ( ( / (   (! % / % % / ( /* 5 !0 A (/ / (% /  ( (  *  3  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  ( %  ( % *  %% %*   /  !  %%  \'%%   ( *    \' # *+ % # *+   !   (    % #  ! ,%         ) &   !   %  %%    , %   % ! %   %!   (     %%  \' )% *     (( , * % &    & % !   % # &   %   & , .     %  (    # !    \'! , %% % ! ! #  &   !/   & (     - %   !  !   ! -     ( , ) (   %0 # %  ( 1 ! #,   &   !% -#      # #     )  ( #  \'! %   !         %) (    # (    !. +  \'  5    ",78);arrFiles[656]=new Array(657,"PEACE_STATEMENTS/Fact Finnding Report-Udappuwa 18_June_2006.pdf","27 Sep 2006","PDF995, Job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  (  )  ! 1 (%  * * 1  % % ) %! ( *  > ( %% % % ( ( * ( 1 2 * 1  ( 1   * % % % % ( * * 4 % 1 ( * !  % 4 % %  % ) % 1 % !  %% %  (( ( %1 )  ( 6 5  ( (% 4 %  %( 1 %  1 * % ( 1 1  ! !  ( ! % (    ( (% % *%2  % ( *   )  % (( # \'  * > #: + 5    -  * % ! ( %   *! ( % * ( ( !& 4 )% * %   *  * % % 1   (   % %% % 1? * % % *  * % % (  34 > 1!  7 % 9 (% 8 ( %3 4 ./1 /0   ( % %% (% ; 1? %  ( 4  ) % !, ( ( % ! 4  1 !  % % % ! % %% % ! ( % ! * ! % % 1  ?## \' \' ) * !  \'    \'  (   ( %   *! !  % %  % % * ! % ( % 1 ( 1% % ( * ! )  ! * % )  * ( (  % * 0 / (* * 1 ( ( !    % (  ! %  * % % % %( @ ! % 1    ! % % 1 ! ( ( %  * % *  % % ( ! % * * * 1   % % 1 (   %    ",60);arrFiles[657]=new Array(658,"PEACE_STATEMENTS/Letter_Co_Chairs_on_Womens_Issues_in_SL_8_Sept_2006.pdf","7 Nov 2006","Microsoft Word - Letter- Co-Chairs[1].doc","","","HUMAN RIGHTS AND HUMANITARIAN CONCERNS OF WOMEN Submitted to the Co-Chairs by Groups Concerned with Women \'s Issues in Sri Lanka- Meeting of CoChairs, Brussels, 12 September 2006 We the undersigned request the co-chairs to recognise that women are one of the largest groups affected by the conflict in Sri Lanka. The increasing levels of violence have adversely affected women \'s security and rights. We wish to bring to your attention that the CFA, which exists in name only, is itself inadequate with regard to human rights and humanitarian protections. This lacuna is most felt by affected groups such as women. We therefore call on the Co-Chairs to ensure that special measures are devised, such as the establishment of an international fact finding mission mandated by the Secretary General of the United Nations and supported by the Office of the High Commissioner for Human Rights. We also request that both the Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE) are urged to respect fundamental human rights and humanitarian norms. We request that: 1. In the current context the concerns and needs of women are given importance and factored into any plan or process that deals with the humanitarian crisis at hand. We also ask the Co-Chairs to impress upon both parties that violence against women during armed conflict is a violation of the Geneva Conventions. 2. Women are included in all aspects of any process the parties might engage in the future with the aim of seeking a negotiated settlement to the conflict. The inclusion should be within the main processes and should not be `pigeon-holed \' as `women \'s space \' and separated from the main processes. 3. The Co-Chairs impress upon both parties the imperative to respect and abide by principles of humanitarian law and respect human rights. ISSUES General Issues Action by both parties to blur the distinction between combatants and non-combatants has resulted in the use of civilians as pawns in the conflict. The training of civilians in `selfdefence \' by the LTTE and the distribution of arms to border villages by the GOSL are cases in point. These acts which are calculated to create ambiguity in the application of humanitarian law are attempts by both parties to justify their actions which breach fundamental principles of humanitarian law. Increasing violence has led to increased militarization of society and thereby created an environment that is more conducive to committing acts of violence against women. It is now accepted within the human rights discourse that high levels of domestic violence, rape, and sexual harassment are directly linked to a climate of impunity encouraged by war and militarization. The failure of the GOSL to investigate acts of violence, particularly when allegedly committed by the armed forces, such as the murder of a family on 8th June 2006 in Mannar where the mother and daughter were subjected to torture, contributes to worsening the prevailing culture of impunity.  1    Statements and action by various groups and individuals which are anti-minority in nature are contributing to increased insecurity amongst minorities. At this juncture the state has failed to counter the incitement of hatred or attempts to create fears about a particular community/group. This failure creates an environment that is conducive for commission of acts against minorities, whether by those in positions of power, such as harassment by police, or by ordinary citizens in the form of random acts of violence. The situation in Kantalai in the past few weeks raises issues of the level of disaster preparedness that prevails in a District such as Trincomalee, in spite of its many prior experiences of displacement related to the conflict and to the Tsunami. Women experience displacement in gendered ways in which other members of their communities do not. Their needs are diverse and different and there has to be an awareness of these needs including the provision of basic needs, special sanitary and sanitation requirements, allocation of space for cooking, washing, etc. with respect for privacy need to be taken into consideration. Issues with regard to Process Throughout the peace process both parties have engaged in methods of negotiations that supposedly advanced the peace process but in actual fact violated the spirit and letter of the agreements signed. At the same time the lack of respect both parties showed the process itself is evident in the rhetoric they engaged in and their ensuing actions. We contend this devalued the process itself and robbed it of any moral authority. The lack of `spaces \' outside the formal processes that could be used to build confidence amongst the parties or for informal, constructive dialogue during difficult times also exacerbated mistrust between the GOSL and LTTE. Minimal civil society participation, particularly of women \'s groups, in the peace process and associated sub-processes was also a factor that contributed to the human rights and humanitarian concerns of civilians not being given due importance. REQUESTED ACTION Action Regarding General Issues We request the Co-Chairs to: Impress upon both the GOSL and the LTTE the sacrosanct nature of fundamental principles of humanitarian law and obtain guarantees from both parties that they will respect humanitarian law. Bring to the notice of the GOSL and the LTTE that Article 2 Common to the Geneva Conventions is universally accepted as customary law and therefore applicable to all conflicts and parties to the conflict regardless of whether they are signatories or not. Reiterate to the GOSL the need to investigate acts of violence and violations of human rights in order to send a strong message that impunity will not be tolerated and that all persons are accountable and subject to the law. Convey to the GOSL the importance of treating its citizens without discrimination to dispel existing feelings of insecurity, particularly amongst the minorities.  2    Impress upon the Government and the LTTE to address substantive issues and formulate specialized programs for areas that are of particular concern to women, including: · Violence and Sexual Violence Against Women · Refugees and Internally Displaced Women · Protection of the Rights of Women During Resettlement · Property Rights and Repossession of Homes, Land, and Title · Families of Detainees · Families of Disappeared · Women in Custody · War Widows · Families of Soldiers, Combatants, and those Missing in Action · Women Combatants and Women in the Armed Forces · Provision of Food, Housing, Clean Water, Health, Education, and Basic Services · Trauma and Counselling · Economic and Social Rights of Women Action with Regard to Process We request the Co-Chairs to: Communicate to the GOSL and the LTTE that in any future process the parties may engage in with a purpose of seeking a negotiated settlement to the conflict, that both parties should enter into the process with a commitment to respect the integrity of the process and with a genuine desire to seek a negotiated settlement. The parties should be also made to realise that new initiatives should be built upon the lessons of the past as it is essential that all parties understand why previous attempts have failed and what might have been done differently to avoid such failures. Take serious note of Security Council Resolution 1325 on Women, Peace & Security, which calls for women \'s increased participation in peace processes and peacebuilding, and pressurize the parties to the conflict to be more `gender-aware \' and include women in any future process the parties may engage in with the aim of seeking a negotiated settlement to the conflict. Facilitate the creation of spaces outside the formal process to enable continued communication between the parties on some informal level so there is a space for continued interaction between the parties even in the event of the stalling of the main process. International Centre for Ethnic Studies, Colombo Women and Media Collective INFORM 8th September 2006  3    ",88);arrFiles[658]=new Array(659,"PEACE_STATEMENTS/Media Release reg Kebethigollewa Attack 16_June_2006.pdf","7 Nov 2006","Microsoft Word - stement to press- kebethigollewa.doc","","","MEDIA RELEASE 16 June 2006 Women Say No to War Condemn the Attack on Civilians at Kebithigollewa We strongly condemn the claymore attack allegedly by the LTTE on a passenger bus plying between Kanugahawewa and Kebithigollewa last morning. This cruel and senseless attack has taken the lives of 64 men, women and children and injured dozens more ­ all civilians from poor and disadvantaged village communities. We are saddened by the loss of life and offer our condolences to the bereaved families. This is the deadliest attack on civilians since the ceasefire agreement and follows on a number of claymore and other attacks which have affected civilians as indicated in the statement made by women against war of 15 May 2006. It has also been reported that in response to the Kebithigollewa attack, the state launched attacks by land and air into Sampur, Mullaitivu and locations close to Kilinochchi. Air strikes too, however carefully targeted can and do affect civilians and both attack and counter attack of this nature make civilian life extremely insecure and render more vulnerable the situation of civilians caught in the cusp of violent conflict between the State and the LTTE. The break down in formal negotiations between the government and the LTTE with the non meeting at Oslo has precipitated military engagement with grave consequences, particularly for civilians many of whom have suffered the ravages of war for over two decades. Further the brief promise of peace and the search for a sustainable, negotiated settlement to the ethnic conflict has again receded, pushing the country into yet another spiral of violence. Today, we echo the hope of President Mahinda Rajapakse that the incident at Kebithigollewa will not sabotage the peace process and welcome his statement of commitment to the peace process and his call for clam and restraint in the aftermath of the attack.  1    We call upon the LTTE to act responsibly and make their statement that `armed attacks targeting civilians cannot be justified under any circumstances \' a reality for all Sri Lankan people. We also ask for a commitment to a negotiated peace. We further wish to remind both the LTTE and the State that they must be committed to the principles of International Humanitarian Law which prohibit attacks against civilians and requires all parties to conflict, to distinguish between civilians and combatants at all times. We would like to reiterate, particularly to those who seek to resolve the conflict through war that in cases of protracted conflicts negotiation takes a considerable period of time and often suffers numerous set backs before the issue is finally resolved. We call upon all Sri Lankans to remember the period of war we experienced and come to the realisation that a resumption of hostilities will bring about even greater destruction. From human casualties, damage to infrastructure and adverse impact on the economy, to more checkpoints and cordon and search operations, and to heightened human rights violations, a return to war will adversely affect every facet of life of all citizens of Sri Lanka. Particularly vulnerable will be poor and marginalised communities of Sinhala, Tamil and Muslim civilians living along the `border \' of the northern and eastern provinces. All proposals and decisions that take the path towards a resumption or continuation of hostilities put the lives and livelihoods of these communities in deadly peril - a peril that those who propose a military solution to the conflict are rarely likely to experience. Both the Government and the LTTE should desist from further action which erodes the integrity of the ceasefire agreement and instead strive to find means of common ground to resume an engagement that seeks a negotiated resolution to the conflict. An approach of compromise and reconciliation is what Sri Lanka needs at this critical moment, and we hope that those in positions of power will prove themselves to be capable of facing this challenge. As civilians and as women we say again `No to War \'. In this time of crisis let us reaffirm our commitment to the peace process and to a just and sustainable peace for all peoples of Sri Lanka. SRI LANKAN WOMEN FOR PEACE AND DEMOCRACY  2    ",167);arrFiles[659]=new Array(660,"PEACE_STATEMENTS/MONLAR_Press Release on Peace 18_July_2006.pdf","27 Sep 2006","MONLAR LETTER HEAD.pmd","","","bvï yd lDIsl¾u m%;sixialrK jHdmdrh  1151 58 ta  4 jk mgqu.  fldaÜfÜ mdr  rdc.sßh \' ÿrl:k *elaia( 0112865534 úoHq;a ;emE,( monlar@sltnet.lk fjí ,smskh( http://www.geocities.com/monlarslk  udOH ksfõokh 2006 \'07 \'18  ohd udiag¾g m%;sldr lsÍu iduh Wfoid ;enQ hym;a mshjrls  YS% ,xldfõ jir 25 lg wêl ld,hla Èfkka Èk W.% fjñka ;snQ ckjd¾.sl w¾nqoh h<s;a ,xld jdiSka uy;a jHdikhlg fya;= jk hqoaOhla olajd .uka lrñka isák nj fmfka \' miq.sh oYl fol mqrdu m%{df.dapr f,i iq¿;rhlf.a whs;sjdislï iy ÿla.ekú,s j,g idOdrK ms<s;=rla ,nd fkd§u Bg fya;=j úh \' uE; udi lSmh ;=< ol=fKa wka ljrodg;a jvd cd;sjd§ m%pdrhka f.k hEu iy ck;dj ;=< hqO udkisl;ajhla we;s lsÍfï wk;=reodhl m%jK;djhla u;= ù ;sîu lK.dgqodhlh \' ±ka th mqoa., iSudjka olajdu mq¿,a ù ;sfí \' f.ù .sh i;sfha ,xldKavqfõ tlÕ;djh u; fldá ixúOdkfha udOH m%ldYl ohd udiag¾ keue;a;d fld<U frday,lg m%;sldr ,nd §u msKsi f.k tau;a iuÕu ol=fKa cd;sjd§ka Bg tfrysj úYd, l,ne.Ekshla l<y \' úfYaIfhka we;eï wd.ñl lKavdhï ;u Ydia;Djrekaf.a o¾Ykhg mjd ks.d foñka tu l%shdj,shg úfrdaOh mdñkao  m%pdrl lghq;= f.k hñkao isá;s \' Tjqka is;k nj fmfkkafka fuu .eg¿j hqOuh l%shdud¾.hlska muKla úi¢h hq;= njh \' tfukau tys,d mqoa.,hska urd ±óu fyda urKhg m;aùug bv yeÍu wjYH njh \' th ,dxlsl ck;dj woyk lsisÿ oyulg wkql+, fkdjkjd muKla fkdj 21 jk ishjfia YsIaG hehs iïu; wdpdr O¾u mjd ;on, f,i W,a,x>Kh lsÍuls \' rfgys lsisÿ ixúOdkhlg  lKavdhulg fyda wdKavqjlg ñksia >d;k i|yd whs;shla ke; \' th iDcqj fyda wkshï ud¾.fhka lsÍu YsIaG iïmkak ck;djlg tfrysj lrk wmrdOhls \' tjeks >d;k fyda wudkqIsl u;jdohka msgq ±lsh hq;= w;r  ckj¾. w;r mj;sk .eg¨j úi|d .; hq;= tlu u. idlÉPdj,g t<öuh \' ish fudavlï jgydf.k foda furg foaYmd,k mlaI nyq;rhla iy ck;dj idlÉPdj,ska fuu ckjd¾.sl .eg¨j úi£ug wjYH nj m%isoaêfha m%ldY lr we; \' ta wkqj ol=fKa wdKavq ta i|yd W;aidyhka lsysmhlao ord we; \' ck;dj úiska ;u Wjukdjka imqrd .ekSu i|yd m;a lr .;a m%Odk ksfhdað;hd ckdêm;sjrhdh \' tneúka fln÷ fyda l%shd ud¾.hla ;=< úkdYhg m;a jk iy W;=re ol=Kq fjkila fkdue;sj NS;shg m;aj isák ck;dj iÿúh yels úkdYfhka NS;sfhka fírd .ekSu ;u m%Odk;u j.lSu nj t;=ud wjfndaO lr .; hq;=h \' úfYaIfhka s ck;dêm;sjrKfha§ l=ula i|yka l<o  j¾;udk ckdêm;sjrhdg fuu h:d¾;hg wkqj lghq;= lsÍug isÿj we; \' ta wkqj Tyq .kakd we;eï l%shdud¾. rdcH;dka;%sl njo fmfka \' tneúka tu ud¾.fhau Tyq bÈßhg ;,a¨ lsÍu ish¿ fokdf.a hq;=lula nj wmf.a woyihs \' tys,d ckdêm;sjrhd we;=¿ j. lsj hq;a;ka ish j.lSï yßyeá f;areï f.k lghq;= l< hq;=h \' ta yer hful=g m%;sldr fkdlr Tjqka úkdY lsÍug W;aidy ±Íu jeks fnd<| l%shd j,g bv fkd;eìh hq;= w;r  fomd¾Yjfhau úYajdih f.dv k.ñka jydu idlÉPd i|yd bÈßm;a úh hq;=h \' fuys,d b;d jeo.;a jkafka idOdrK fya;=jla ke;sj fomd¾Yjfhkau w;a wvx.=jg f.k we;s mqoa.,hska jyd ksoyia lsÍu u.ska o fomd¾Yjfhkau isÿjk >d;k kj;d ±óu u.ska o idlÉPd i|yd m%úYaG ùug u¾.hla mdod .ekSuh \' fuu Nhdkl hqoaOh úi£ug ta u. yer fjk;a u.la fkdue; \'  ir;a m%kdkaÿ fufyhïlre q cd;sl bvï yd lDIsl¾u m%;sixialrK jHdmdrh    ",61);arrFiles[660]=new Array(661,"PEACE_STATEMENTS/Peace Support Group Press Release 4_Aug_2006.pdf","27 Sep 2006","Microsoft Word - PSG August 1 2006.doc","","","PRESS RELEASE  PSG Calls for Immediate Halt of Hostilities 04 August 2006 The Peace Support Group is deeply disturbed and saddened by the deteriorating security situation in the north and east of Sri Lanka and calls on the parties to the CFA, the Government of Sri Lanka and the LTTE, together with the SLMM, the Norwegian facilitators and the Co-Chairs to take immediate steps to ensure that the commitments to the CFA are reaffirmed. It is imperative that adherence to minimum international human rights and humanitarian norms are ensured, especially the lives and livelihoods of civilians of all ethnic communities in the north and east. We strongly condemn the closure of the Mavil Aru anicut by the LTTE. This is an issue that could and should have been resolved through negotiation. We also condemn the use of military force by the GOSL which extended to air strikes against LTTE positions in Mullaitivu and Batticaloa. The military engagement between the GOSL forces and the LTTE has resulted in the loss of life and large scale displacement which continue to mount in the Trincomalee district in particular. There are reports from Muttur and Serunuwara of shortages of food and water and of the lack of adequate medical facilities. These reports indicate that a humanitarian crisis is brewing. The LTTE maintains that its decision to close the anicut was due to a dispute regarding the issue of water to Tamils living in areas under their control. The Government of Sri Lanka states that its military actions in these areas have been based on its obligation to provide `humanitarian \' needs to the people. Since both the GOSL and the LTTE state that their actions are for the well-being of the people living in areas under their control, we call on them to make these rhetorical commitments a practical reality for these people by ceasing all hostilities immediately. Despite the heightened tension and military engagement on the ground, we appreciate the continued affirmation of the CFA by the GOSL and LTTE . We strongly urge them therefore to return to a path of negotiations, not only on the opening of the anicut at Mavil Aru and the provision of water to all the people of that region but also on a framework for power and resource sharing that will end this conflict on a long-term and sustainable basis. We also call on the international community to play a stronger role at the present moment in ensuring that minimum international human rights and humanitarian norms are observed by both parties and that the peace process in Sri Lanka is revived. Signed Sunila Abeysekera Sunanda Deshapriya Jehan Perera Paikiasothy Saravanamuttu Jeevan Thyagarajah Joe William    ",29);arrFiles[661]=new Array(662,"PEACE_STATEMENTS/petition.pdf","17 Nov 2006","ACDSee Classic print job","","","Petition to Norwegian Facilitator Erik Solheim 23_ Jan_2006 (1515x2161x16M jpeg)    ",607);arrFiles[662]=new Array(663,"PEACE_STATEMENTS/Statment_on_Womens_Right_to_Work_27_April_06.pdf","7 Nov 2006","Microsoft Word - 25 April urgent statment on Women  \\'s right to Work, East.doc","","","27 April 2006  DEFEND WOMEN \'S RIGHT TO WORK  As persons who have always been committed to the principles of nondiscrimination and of equality, we have noted with grave concern, the controversy around women working in non-governmental sector in the Eastern province. We feel that this is a backlash against the tremendous social and economic contribution made primarily by Tamil and Muslim women of the Eastern Province to their families and communities as development workers, social activists and mobilisers. The role women have played, during the conflict years as well as in the aftermath of the tsunami has been remarkable, and recognized as such by local, national and international bodies. The chronology of events should be set out here since there has been very little information available to non-Tamil readers regarding this issue. On April 2, a leading Tamil language newspaper, the Veerakesari, carried a report on a speech made by TNA MP Mr. Ariyanendran at a seminar on  \'Tamil Women and Culture \' at Tirukkovil. In his speech Mr. Ariyanendran stated that he had information about a high rate of abortions in the Eastern Province; he quoted precise figures, 183 for Batticaloa and 163 for Amparai within the past year. He cited the employment of young women in NGOs after the tsunami as being responsible for extra-marital sexual relationships, pornography and the spread of disease and called on all NGO workers to respect their culture. Some extremist groups picked up on the MP \'s statement and issued a call for women to cease working in NGOs, through the informal distribution of a leaflet. The leaflet apparently originated in Kalmunai, and bore the name of Affected Women and Women \'s revolutionary Army of Tamil Eelam (Batti/Amparai). It reiterated the MP \'s ideas that employment in NGOs would ruin young women \'s lives and future, and called on young women to leave their jobs by the 15th April 2006. The leaflet also held parents responsible for the actions of their daughter. The Veerakesari of April 7 carried a description of the leaflet and reiterated the demand that women leave their jobs by April 15 and linked this declaration to a Muslim Cultural Group. On April 20 articles in the Veerakesari and in the Thinukural newspapers granted women permission to work but warned that they would be watched.    A second leaflet was distributed subsequently, purportedly from Tamil Makkal Peravai (a hitherto unknown name), that explicitly threatened women with death if they did not resign by the 25th of April. This was published in the Eelanadam newspaper on 16 April 2006. There has been a range of responses to this issue. Newspapers reported that the Consortium of Humanitarian Agencies forwarded a letter calling for protection for their female workers to the law enforcement agencies. The NGO Consortium in Batticaloa was reported to have held a meeting with representatives of some NGOs with TNA MPs present, at which there was an assurance given by the MPs that women could continue to work. They urged that the Consortium and the women \'s parents would monitor their behaviour. Some NGOs have simply chosen to offer the female employees extended leave until the issue is resolved. It is regrettable that a Member of Parliament has been responsible for generating such a controversy, in negation of his responsibility as a representative of his constituency. This represents a denial of all that our society has achieved in terms of equal rights for women to education, health and employment and undermines not only our Constitutional commitment to equality but also our obligations under international law. Sri Lanka is signatory to the International Convention on the Elimination of All Forms of Discrimination against Women as well as to many Conventions of the International Labour Organization that guarantee women \'s right to work. Such attitudes, publicly held and disseminated also constitute a negation of the tremendous courage and sacrifice with which Tamil and Muslim women in modern Sri Lanka have advanced themselves and their communities. It also disregards the tremendous amount of work women from both communities have done among those affected by conflict, particularly among women and children who are the most affected. This component of work which is culturally sensitive could not have been possible if not for women workers in NGOs. It is also regrettable that voicing a concern regarding women \'s safety in the workplace in such extreme and primitive formulations in fact masks the reality of exploitation and abuse that women and men workers may be exposed to in their working life. We believe that any form of violence and abuse against women, if any, in the workplace needs to be dealt with through a procedure set up to redress such situations. Such a mechanism should be gender sensitive and can include a procedure set up either within workplaces or in institutions such as the Human Rights Commission or the National Committee on Women. We reaffirm our commitment to women \'s right to work, and extend our solidarity and support to women in the Eastern Province to confront this challenge with courage and determination. We call on the TNA, as a leading political party, to issue a rebuttal of this    position and reiterate their commitment to the equality of women. We call on the Ministry of Women \'s Affairs and the Ministry of Social Welfare to ensure that the rights of women who choose to work are protected and that whatever anti-social elements attempt to prevent women from leading a full and equal life are duly punished. Sumika Perera Asha Abeysekara Nimalka Fernando Women and Media Collective Kumari Jayawardena Shireen Saroor Maithree Wickramasignha Nehama Jayawardene Sunila Abeysekara Sepali Kottegoda Viola Perera Velayudan Jayachithra Kumuduni Samuel Centre for Women \'s Research (CENWOR) Jayanthi Kuru-Utumpala Vanamali Gallappathi Sulochana Colombage Shymala Gomez Viluthu Mannar Women \'s Development Federation Charan Rainford H.I Samanmali Nicola Perera Pradeep Jeganathan Ambika Sathkunadan Prasanga Sanjeewani Soundarie David Muslim Women Research and Action Forum Seetha Ranjani Ranjani Manuellpillai Bhavani Fonseka Kantha Shakthi Anberiya Hanifa Rohini Weerasignha Amitha Chetty Nimanthi Rajasingham Shanthi Sachithanandan Rukshana Nanaykara Sumathi Sivamohan Ameena Hussein Sam Perera Jagath Senaratne Tharumani Wijekoon Nelika Rajapakse Thushari Madahapola Neloufer de Mel Stella Phillips Indira Gonsalkorale Lakshman Gunasekara Annie Kurian Prema Gamage Shamini Boyle Nalaka Perera Manoji Gunasekara Dilrukshi Weerathunge Dayani Gunesekera Naveen Fernando Manilal Weerakoon Sharni Jayawardena Upeksha Thabrew Maria Kenney Dabidu Organisation Pushpa Ramlani    ",154);arrFiles[663]=new Array(664,"PEACE_STATEMENTS/Submission_to_Panel_of_Experts_8_Sept_2006.pdf","24 Apr 2007","Microsoft Word - Submission-Panel of Experts5.doc","","","SUBMISSION TO THE PANEL OF EXPERTS APPOINTED BY H.E. THE PRESIDENT ON THE NATIONAL QUESTION Summary We the undersigned believe that constitutional reform which aims to provide a solution to the `national question \' should move away from the concept of a unitary state and towards a federal Constitution. This Constitution should embrace principles of equality, diversity and protection of human rights and should provide adequate protection to vulnerable/affected groups such as minorities. This submission focuses mainly on fundamental rights, the rights of women and socioeconomic rights. Where the rights of women are concerned, the submission deals with a variety of issues ranging from violence against women to the establishment of a Gender Equality Commission. Supremacy of the Constitution The supremacy of the Constitution should be recognised and all existing and future laws should be brought in line with the Constitution. When ensuring that existing laws are in line with the Constitution, a special provision should be included in relation to personal laws which, allows individuals to choose whether they wish to be governed by general law or personal law. This will ensure that both, the rights of the communities to practice their laws, and of the particular affected groups within these communities, such as women, not to be discriminated against are also protected. The Constitution should be drafted keeping in mind the three principles of Constitutionalism with regard to the purpose of Constitutions, - a Constitution is supposed to lay out a framework for society, it is meant to protect individual autonomy and freedom, and lay down norms and principles by which society is to be governed. Bill of Rights/Fundamental Rights The Preamble to the Constitution should include the concept of human dignity and human rights as core elements of the Constitution. The fundamental rights chapter must include a separate section on the right to dignity in addition to the clause on the right to life. The language of the fundamental rights chapter of the Constitution should be brought in line with the International Covenant on Civil and Political and the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Discrimination Against Women. Restrictions to these rights should be limited to and correspond with the actual wording contained in the 3 Covenants. Sri Lanka is signatory to all three Conventions. 1    The Constitution should contain a specific provision that commits Sri Lanka to the norms and standards set out in international human rights treaties and covenants that the government has ratified. There should be a provision in the Constitution that ensures that future devolved regional structures/councils/administrative units are bound by the fundamental rights chapter of the Constitution. Civil and Political Rights Civil and political rights should be strengthened in any proposed Constitution and certain rights, such as the right to life and right not to be subjected to torture, should be nonderogable. The Constitution should also contain strong protective measures along the lines of the clauses in the South African Constitution in the event of derogation in times of emergency. Socio-Economic Rights Socio-economic rights should be included in the Bill of Rights/Fundamental Rights Chapter. The right to health-care, food, housing, 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, and national and regional executives should be bound to take  \'due diligence \' measures to prevent violence against women and prosecute those who commit violence against women. 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. 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, and educating, advising and reporting on relevant gender issues. The Commission should have regional offices to enable greater public  2    access. The Commission should also make recommendations with regard to law reform and statutory policy. Political Reservations for Women Though in principle the Proportional Representation (PR) is more favourable to women, the PR system as adopted in Sri Lanka has had an adverse effect on the participation of women in the political processes of the country. This is due to the large size of the constituencies and the introduction of the preferential system with the Proportional Representation system. Furthermore, since the Parliamentary Select Committee in its Interim Report of 2004 proposed a mixed system we propose the following: The Constitution should require political parties to nominate minimum 25% women as candidates in all constituencies in every election. All political parties should be required to appoint 30% women to the National List. Reservation of 30% of selected seats for women within the framework of a Proportional Representation system or a Combination system.  Signatories -  -  INTERNATIONAL CENTRE FOR ETHNIC STUDIES, COLOMBO WOMEN & MEDIA COLLECTIVE INFORM AGROMART OUTREACH FOUNDATION PENN WIMOCHANA GNANODAYAM, HATTON DABIDU COLLECTIVE WOMEN \'S EDUCATION AND RESEARCH CENTRE SOCIAL SCIENTISTS ASSOCIATION - GENDER UNIT WOMEN \'S DEVELOPMENT CENTRE - KANDY SURIYA WOEMN \'S DEVELOPMENT CENTRE - BATTICALOA WOMEN IN NEED  3    ",71);arrFiles[664]=new Array(665,"PEACE_STATEMENTS/a_Memorandum_to_President_LTTE_10_Feb_2006_English/Pg_1.jpg","16 Feb 2006","Pg_1.jpg","","","",492);arrFiles[665]=new Array(666,"PEACE_STATEMENTS/a_Memorandum_to_President_LTTE_10_Feb_2006_English/Pg_2.jpg","16 Feb 2006","Pg_2.jpg","","","",257);arrFiles[666]=new Array(667,"PEACE_STATEMENTS/b_Memorandum_to_President_LTTE_10_Feb_2006_Sinhala/Memorandum_to_President_LTTE_Sinhala.pdf","15 Feb 2006","Microsoft Word - Memorandum - Sinhala.doc","","","udOH ksfõokhhs - 2006 fmnrjdß 10 Èk  iqrCIs; igka úrduhla iy idu idlÉPd kej; wdrïN lrk f,ig ia;%Skaf.ka wdhdpkhla \' ckdêm;sjrhd iy t,a \'à \'à \'B \' ixúOdkh fj; bÈßm;a l< ixfoaYh iduh iy m%cd;ka;%jdoh i|yd jk ia;%S Y%S ,dxlSh ia;%S tl;=j úiska \'  wm rfá ck jdrA.sl .egqug idlÑcduh  foaYmd,kuh  úiÿula i|yd lemjk Y%S ,dxlsl ldka;djka jk wm  rch iy t,a \'á \'á \'B \' ixúOdkh w;r mj;sk igka úrdu .súiqu l%shd;aul lsrSu i|yd mj;ajkq ,nk idlÑcd w.h fldg i,luq \' ikakoaO .egqu ksid miq.sh oYl foll ld,h ;=< Y%s ,dxlslhka ú|sk ,o ÿla .eyeg ms<sn| rch yd t,a \'á \'á \'B \' ixúOdkfha wjOdkh fhduqlrúug wms leue;af;uq \' úfYaIfhkau hqoaOfha ÿla .eyeg i|yd WroS we;af;a ldka;djka yd <uqka h \' igka úrdu .súiqu í| jeáu iy tosrsjdoslï wdrïNúu u.ska isÿjkafka kej;;a m%pKav l%shd yd úkdYh wm fj; ,.d úu muKs \' iEu ck fldgilgu wh;a ldka;djka hqoaOfha m%;st,hla jYfhka jekaoTqjka njg m;aj we; \' m%cdj úisrS Wkaysá ;eka wysï ú we; \' Y%s ,dxlslhkag hï muKlg idudkH ck cSú;h iduldï mrsirhla ;=, mj;ajdf.k hdu igka úrdu .súiqu bjy,a úh \' igka úrdu .súiqu Yla;su;a lsrSu i|yd idlÑcd wdrïN lsrSu w;HdjYH fú \' fuu wjia:dfú mj;ajk idlÑcd idu idlÑcd wdrïN lsrSu i|yd fhduq úh hq;= h \' uq,sl ldrKd fï idlÑcd ;=< we;=<;a úh hq;= h \' fï ksid md¾Yj lrejkaf.ka wm b,a,d isákafka wkd.;h i|yd t,odhS yd wLKavj jevigykl ksr;úu i|yd fuu wjia:dj fhdod.kakd f,ihs \' iduldï úi÷ula i|yd orkq ,nkakd jq ish¨ W;aidyhka wm w.h fldg i,lk w;r fuu úiÿu ck;djf.a ish¨ whs;Ska wdrÌdlrk wdldrhg udkj whs;sjdislï ms<sn| rduqjla u; mokï úh hq;= h \' l,a mj;akd iduhla ,.d lr .ekSug kï udkj whs;sjdislï wdrÌd lsrSfuka f;drj th isÿl< fkdyels nj rch;a t,a \'á \'á ixúOdkh;a l,amkdjg .; hq;= h \' fu u.ska fï wjia:dfú m%Odk ldrKd f,i u;=ú we;s m%pKav;ajh yd wdrÌdj ms<sn| m%Yakj,g úiÿï fidhd .ekSug bvie,fikq we; \' iduh hkq ikakoaO .egqula ksudùula muKla fkdfú \' Bg wu;rj thska ish¨ mqrjeishkaf.a whs;sjdislï wdrÌd jk yd m%j¾Okh jk idOdrK iudchla íys lsrSu woyia flfrA \'    iudcNdjh ms<sn| ldrKd iïnkaOfhka Wm lïgqjla f.dvke.Sug rch yd t,a \'á \'á \' ixúOdkh lghq;= lsrSu wm w.h lrk w;r igka úrdu .súiqu ms<sn| fï wjia:dfú mj;ajk idlÑcd j,oS iudcNdjh ms<sn| ldrKd fkdi,ld fkdyrsk f,i wm fomdrAYjfhkau b,a,d isáuq \' tfiau fuu idlÑcd i|yd ia;%sSka o iyNd.S lrúu u.ska m%dfhda.slj isú,a jeishka uqyqK fok úúO .eg¿ yd wNsfhda. iudc Ndjh ms<sn| wrA:hlska f;areï .ekSug WmldrSjk nj wms wjOdrKh lruq \' ia;%Ska hkq fuu .egqfuka yqfola mSvdjg m;a wh f,i muKla fkdolsk f,i;a idu l%shdj,sh f.dvkexúu i|yd;a Tjqka l%shdldrS iyNd.Sjkakka f,i i,lk f,i wms fomd¾Yjfhka u b,a,d isáuq \' tfyhska fï wjia:dfú mj;ajk idlÑcd j,oS;a bosrsfha oS mj;ajk idlÑcd j,oS;a ia;%skaf.a .eg¿ iy iudcNdjh ms<sn| lreKq ie,ls,a,g .kakd f,i wms fomd¾Yjfhkau b,a,d isáuq \' tfiau fï iïnkaOfhka tlai;a cd;Skaf.a wdrÌl uKav,fha 1325 fhdckdj flfrys Tnf.a wjOdkh fhduqlrjkak \' tfiau mdrAYjlrejka w;r úYajdih;a iyfhda.S;djh;a f.dvkexúu i|yd;a .egqïldrS idlÑcdj,ska neyerjk f,i fomd¾Yjfhkau b,a,d isáuq \' tfia ke;fyd;a idlÑcd w;r u. k;rjkq we;s w;r tl.;d .súiqu  j.ka;s  W,a,x.kh jkq we; \' Y%s ,dxlslhska fjkqfjka idOdrK úiÿula i|yd idlÑcdj, ksr; fjïka oYl foll ld,hla mqrd mej;s .egqu wjika úug fuh wjia:djla lr .kakd f,i wms rcfhka o t,a \'á \'á \' ixúOdkfhka o b,a,d isáuq \' tfiau l,amj;akd iduhla f.dv kexúfï wmf.a W;aidyhg ;ukaf.a o yv tla lrk f,i iduh i|yd lemjk ish¨ Y%s ,dxlslhskaf.ka o wm b,a,d isáuq \' iduh iy m%cd;ka;%jdoh i|yd jQ ia;%S tl;=j ksfhdackh lrk ixúOdk 1 \' ldka;dj yd udOH iduQyslh 2 \' bkaf*daï udkj ysñlï m%df,aLk wdh;kh 3 \' iduh iy m%cd;ka;%jdoh i|yd jQ ldka;d ikaOdkh 4 \' ixl%uKsl fiajlhska i|yd jQ ls%hdldÍ cd,h ^ACTFORM& 5 \' fivla wdh;kh 6 \' kef.kysr tlai;a ldka;d ixúOdkh 7 \' mqnqÿj 8 \' f.dú f;dr;=re uOHia:dkh  l=reKE., 9 \' ,laìfï uõjre iy ÈhKsfhda 10 \' .e,ùfï lkHd fidfydhqßhka ^Salvation Sisters& 11 \' W!j fj,a,iai f.dú ldka;d ixúOdkh  nq;a;, 12 \' ks¾udKS ldka;d moku 13 \' ia;%S uOHia:dkh  tAl, 14 \' vdì÷ tl;=j  cd-we, 15 \' m%fndaêkS  cd;sl idu ukav,h  fld,U 16 \' uqia,sï ldka;d m¾fhaIK iy l%shdldÍ tl;=j 17 \' hqoaOfhka mSvdjg m;a ia;%Skaf.a iïfï,kh 18 \' l=reifha lkHd fidfydhqßhka  le,Ksh ^Sisters of the Cross& 19 \' m%cd Ndrldr wruqo,  mq;a;,u ^CTF& 20 \' udkj ixj¾Ok wdh;kh  kqjr 21 \' ks;sm;d Wmldr lsÍfï lkHdrduh (Perpetual Help Convent) 22 \' ldka;d ixj¾Ok uOHia:dkh  kqjr 23 \' National Commission for the laity    ",186);arrFiles[667]=new Array(668,"PEACE_STATEMENTS/b_Memorandum_to_President_LTTE_10_Feb_2006_Sinhala/Statment_on_Womens_Right_to_Work_27_April_06.pdf","7 Nov 2006","Microsoft Word - 25 April urgent statment on Women  \\'s right to Work, East.doc","","","27 April 2006  DEFEND WOMEN \'S RIGHT TO WORK  As persons who have always been committed to the principles of nondiscrimination and of equality, we have noted with grave concern, the controversy around women working in non-governmental sector in the Eastern province. We feel that this is a backlash against the tremendous social and economic contribution made primarily by Tamil and Muslim women of the Eastern Province to their families and communities as development workers, social activists and mobilisers. The role women have played, during the conflict years as well as in the aftermath of the tsunami has been remarkable, and recognized as such by local, national and international bodies. The chronology of events should be set out here since there has been very little information available to non-Tamil readers regarding this issue. On April 2, a leading Tamil language newspaper, the Veerakesari, carried a report on a speech made by TNA MP Mr. Ariyanendran at a seminar on  \'Tamil Women and Culture \' at Tirukkovil. In his speech Mr. Ariyanendran stated that he had information about a high rate of abortions in the Eastern Province; he quoted precise figures, 183 for Batticaloa and 163 for Amparai within the past year. He cited the employment of young women in NGOs after the tsunami as being responsible for extra-marital sexual relationships, pornography and the spread of disease and called on all NGO workers to respect their culture. Some extremist groups picked up on the MP \'s statement and issued a call for women to cease working in NGOs, through the informal distribution of a leaflet. The leaflet apparently originated in Kalmunai, and bore the name of Affected Women and Women \'s revolutionary Army of Tamil Eelam (Batti/Amparai). It reiterated the MP \'s ideas that employment in NGOs would ruin young women \'s lives and future, and called on young women to leave their jobs by the 15th April 2006. The leaflet also held parents responsible for the actions of their daughter. The Veerakesari of April 7 carried a description of the leaflet and reiterated the demand that women leave their jobs by April 15 and linked this declaration to a Muslim Cultural Group. On April 20 articles in th