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OPTIONS

Truth and Equity

51.

SRI LANKA | 2016

choice is power

Truth and Equity

Choice is Power | OPTIONS 2016

45

think
FEEL
consider

decide

BELIEVEACT

51.

SRI LANKA | 2016

choice is power

I would say that


each of us has only
one thing to gain from the
feminist movement:
Our whole humanity.
- Gloria Steinem

Truth and Equity

ISSN 1391-5673

publisher


The Women and Media Collective

56/1, Sarasavi Lane, Castle Street

Colombo 8, Sri Lanka.

tel: +94 11 5632045, 2690192, 2690201, 5635900

fax: +94 11 2690192

e-mail: wmcsrilanka@gmail.com
www.womenandmedia.org



online magazine:
http://www.womenandmedia.net/options/

editor

Dilrukshi Handunnetti

executive editors

Sepali Kottegoda
Kumudini Samuel

cover photo

Sharni Jayawardena

cartoons

Damayanthi Muthukumarage

cover concept and design

design and layout

Dhanushka Amarasekara

Velayudan Jayachithra

PICTURE

THINK . FEEL . CONSIDER . DECIDE . BELIEVE . ACT

CONTENTS

Editorial | Dilrukshi Handunnetti

The counter narrative | IYasasmin Kaviratne

10

How do women in public life view womens


representation? In their own words
| Dhaneshi Yatawara

13

The long march | Chulani Kodikara

16

Did we jump the gun? | Chathuri Dissanayake

19

PHOTO ESSAY | Representation | Sanchia Brown

23

TJ: No one-size- fitsall formula

27

The women are still here | Subha Wijesiriwardena

30

Gender justice in truth seeking | Sithara Shreen

33

PHOTO ESSAY | Trasitional Justice

| Dhaneshi Yatawara

| Sharni Jayawardena
39

Empowering through information


| Hana Ibrahim

41

A constitution promoting gender equity


| Kumudini Samuel

44

POEM | Still I rise | Maya Angelou

From the

Editor

Truth and equity to fight exclusion

The world has always had a way of making women disappear: from

the early campfire, the the subsequent meal and discussion table, within
institutions as well as structures.
Women rocked the cradle and continue do so. Along the way, they
have also taken on multiple roles, bearing economic and social burdens,
lining the economy as migrant and free trade workers, farmers, teachers,
caregivers, unpaid and underpaid workers, new heads of households
and more.
Women are everywhere. Women are everywhere as 51% of the islands
population and half of humanity but are excluded from systems and are
visible in the national data, only partly or incorrectly. It is difficult to trace
womens collective footprint and excluding the privileged footprint of
a few women are conspicuous by their absence.
Historically, women were made to go missing and they continue to go
missing. It is nothing to be proud of for a country which produced the
worlds first prime minister and boasts of an impressive 92% adult female
literacy rate. Sri Lanka has a dismal record when it comes to womens
representation at the national, provincial and local level. There is tacit
perpetuation of inequalities that confine women to spaces that are
non-public, make them absent from agenda-setting/decision-making
and from the formulation of laws, policies and programs. System keepers
remain busy perpetuating exclusion.
Recently, an all-important amendment was made to the Local
Authorities Elections Act to ensure a 25% mandatory quota for women in
local government bodies. The quota is a welcome move and the result
of decades of lobbying, yet it will add women to the existing numbers
and may promote favourites of political parties as opposed to being
25% of the original number. This would not qualify as affirmative action.
So, women end up as add-ons and afterthoughts of sorts, even when
accommodated through a quota.

Today, Sri Lanka is at a significant political crossroad and poised to


undergo a transformation one fraught with dangers, but still, a path
that seeks truth, justice and equity, for men and women, young and
old, and people of all ethnicities and religions.
Elaborate plans are being mapped out to deliver transitional justice.
The process does include a few respected women, but even in the eyes
of these included women, the level of representation is inadequate
and the process not gender inclusive.
This may be an improvement from the previous processes which almost
always lacked womens engagement, but this is about representing
some 10 million women and girl children in the island. This is about
women who had to bear the brunt of war, who carry the excessive
double burden of being heads of households while having to search
for truth and justice for their dead and missing family members.
Yet, history has presented an opportunity to reverse the patterns of
discrimination and inequality by listening to all the voices around the
campfire, to bring back the missing voices to the very centre and to
be heard and counted.
Let the drafts of history we now make record these voices fully and
not end up being one-sided, inadequete or false. Let the mechanisms
that we put in place not perpetuate womens silence and make them
absent and/or invisible.
Let this journey towards truth and equity include the perspectives of
the missing other half making them strong and visible.

Dilrukshi Handunnetti

Truth and Equity

REPRESENTATION
Choice is Power | OPTIONS 2016

You are enough, without anyone elses stamp,


without anyone elses validation or approval.
- Brandi Harvey

Truth and Equity

The counter narrative


Paying lip service to the womens cause and
reinforcing exclusionist practices

When examining the institutional structures

Michelle Bachelet, Head of UN

Reflecting a global trend, in Sri Lanka too,

Women, former president and defence

statistically, the number of women who were

minister of Chile

elevated to decision-making positions in all

and the political systems, it becomes evident


that, women are underrepresented at every
level. There is limited visibility for them and their
collective footprint is largely missing.

spheres remain alarmingly smaller compared


f one were to ask why women matter, it

to the number of men.

has a simple answer. Because everybody

To contexualise, the womens narrative goes

matters. In the world map, there are countries

right back to the time of Kuveni, Vihara Maha

where births and deaths of women are still not

Devi, Sugala Devi, Ehelepola Kumarihamy, and

registered in a formal record. Yet, if we choose

in recent times, to Vivienne Goonewardena,

to pat ourselves on the back because we

Sirimavo Bandaranaike and the like.

are quite different to that described situation,


considering ourselves fortunate because of our
impressive human development index scenario,
then, the reality is that we still have a long way
to go in mainstreaming womens rights and
becoming gender just in a way that womens
full contribution to society is secured.

While some of these women, irrespective of their


placement in history, were directly involved in
some form of decision-making, others reflected
or directly raised issues faced by women of
their own societies. Not necessarily the nicest of
narratives. In their own socio-cultural contexts
and with matriarchy still a living concept,

For a country with women constituting 51% of

women managed some contribution, historical

the total population and having produced

accounts claim.

the worlds first woman prime minister Sirimavo


Bandaranaike, the rest of the story remains
somewhat bleak.

However, when one looks at womens


engagement in the public sphere, the 20th
Century has proved to be more disappointing
than progressive. Despite women being directly

Isuri Yasasmin Kaviratne


The writer is a journalist with an abiding
interest in womens and social issues.
She has worked in the charity sector
promoting the rights of women and
children and is drawn to humanitarian
initiatives.

engaged in politics at such low, uninspiring


numbers issues of gender have failed to
receive adequate attention as much as many
women politicians themselves, failing their own
cause.

7
Choice is Power | OPTIONS 2016

For me, a better democracy


is a democracy where
women do not only have
the right to vote and to elect
but to be elected.

Truth and Equity

Womens representation in the 8th Parliament of Sri Lanka

Heres a different example: After the genocide

on 17 February 2016 introduced a parallel list

in Rwanda, the people rebuilt their country,

to the nomination list, inspired by the national

and women, as majority survivors of terrible

list applicable to parliamentary elections. The

atrocities, led the country towards achieving a

amendment provided for the nomination of

peaceful political solution.

women candidates to fill the newly created 25%

In Sri Lanka, though there were numerous phases


of peace talks during 30 years of war, except for
a Sub Committee on Gender Issues in the 1990s,
women were never given a formal place in the
peace negotiations, not even when Sri Lanka
was headed by a woman president. Hence,

Choice is Power | OPTIONS 2016

quota, the result of long years of struggle and


lobbying. In June 2016, the Ministry of Provincial
Councils and Local Government proposed
that 30% on the nominations list be reserved
for women candidates, to be applied from
the local government elections due next year.

voices of the majority of survivors of the war

This policy inconsistency was met with mixed

were excluded from peace negotiations and

reactions by women activists. Some hold the

their opportunity to contribute and influence the

view that the initial method may offer a better

peace process was effectively robbed.

opportunity for women candidates to enter

Exclusion politics

decision-making bodies, in particular the local,

The general exclusion of women is seriously

importance. Though this creates a level of

reflected in the field of politics where Sri Lanka

confusion and appears duplicitous in a way, it

records the lowest female representation at

reflects that finally, the system is being pushed

all levels local, provincial and national. After

to concede and accommodate women in

decades of intense advocacy, women have

political decision-making mechanisms, starting

finally secured a mandatory quota for women

at the local government level the lowest but

in the local authorities, but the path is still murky.

also the closest to a community.

The bill that amended the Local Authorities

The other side of the coin would be to question

Election Ordinance which was made into law

whether the women who are already engaged

where their engagement would be of critical

Truth
and Equity
Representation
in politics are actually worth, in terms of the

When making representations to the Public

quality of representation they offer. Feminists

Representations Committee on Reconciliation

offer the progressive argument that, even

Mechanisms, womens focus fell on issues faced

though disappointing, the first step in the

by women as a collective. They called for the

battle is to have more women their physical

criminalisation of street harassment, making

representation before fixing the matter of

of a new constitution that acknowledges the

quality.

role of women and promotes equality and the

With a quota to work on, it is best if there is


a process of monitoring as to how engaged

removal of discriminatory aspects contained in


the islands various personal laws.

women are in grassroot activism, for the party

Yet, it was also not their only focus. Women

political choices are most likely to defeat the

who made representations also expressed

actual purpose of securing a womens quota.

their outrage against the draconian Prevention

A dramatic increase from 2% to 25% is indeed

of Terrorism Act (PTA) and called for the

valuable, albeit the attendant issues.

strengthening of the fundamental rights chapter

Another important aspect would be to


understand, when nominated or elected to

of a future constitution to ensure that all Sri


Lankans are able to live without fear.

public office, the types of issues that earn these

The skeptics may feel that the quota is a

womens attention, shedding some light on the

political opportunity on a platter, perhaps

gendered dimension of local politics.

not even deservingly so. Yet, others would see

Many are of the view that women may show a


tendency to focus on what we loosely term as
womens issues with a partiality towards issues
that impact vulnerable communities, including
women, children and the differently-abled.

women as having a contribution to make to


advance the countrys political discourse, well
beyond the argument of equity and inclusion:
as the alternative voice and societys counter
narrative.

al
t
Locnmen
r
e
v
o

9
Choice is Power | OPTIONS 2016

quota

Cartoon by Damayanthi Muthukumarage

Truth and Equity

In their own words


Jeewani Kariyawasam

Rosy Senanayake

Rohini Wijerathne

franchise in 1931 with women not having to


wait an additional day but it is entirely another
matter when such early progress fails to get
translated into more regular and progressive
action. For example, there are no genderbased discriminatory laws preventing womens
entry into politics, but the islands political reality
is entirely another one that records women in
absentia and thats a rooted practice.
Since 1931, the percentage of women
elected to political office has been close to
5% with no sign of a natural increase, despite
impressive female literacy which is almost on
par with male literacy. Despite the faade of a
progressive nation, when it comes to womens
representation, Sri Lanka lags behind other
South Asian countries shockingly so. Sri Lankas
political reality is one that reeks of residues of
Choice is Power | OPTIONS 2016

Sharanya Sekaram

t is one thing to produce the worlds first

woman prime minister and to have gained adult

10

Ferial Ashraff

patriarchy that lends to an abysmal record in


the area of female participation in politics at
all levels.

...there are no
gender-based
discriminatory laws
preventing womens
entry into politics,
but the islands
political reality is
entirely another one
that records women
in absentia and thats
a rooted practice.

Womens representation is low enough, and


hovers around 5.7 per cent at the parliamentary
level. It is less than 2% at the local government
level. The numbers are woefully inadequate and

Dhaneshi Yatawara
Dhaneshi Yatawara is a journalist and a
budding activist who enjoys furthering
causes close to her heart and working on
the womens agenda, through journalism.

significantly lower than Western countries such


as the United Kingdom (average 19.5%) and
Germany (31.8%). It also lags behind South East
Asian countries such as Malaysia, where women
members comprise 10% of its Parliament.

Truth
and Equity
Representation
In the past year, there had been a renewed

Her argument is that the male counterparts

debate and a decisive push to secure a quota

tend to overlook issues with grave implications,

for women candidates with a strong call to

ranging from malnourishment to domestic

increase womens representation at all three

violence, whereas with women, there is every

levels parliamentary, provincial and local.

possibility of rewriting the narrative, if they were

There had been success, with a mandatory

in positions of power and influence. It is a better

quota finally gaining legal currency, but at

tomorrow for the country and the youth when

the implementation level, it is likely to prove

more women are formulating the agenda and

extremely challenging.

are making decisions, she added.

Options spoke to several women politicians for

Writer turned politician Ferial Ashraff finds family

some candid views:

background continuing to play a decisive

Rosy Senanayake, senior politician, Prime


Ministers Spokesperson and the Deputy Head
of the Prime Ministers Office, has tirelessly
campaigned for a mandatory quota for
women. Now that the 25% quota is a reality at
least in law Senanayake is of the view that it

role in womens entry into mainstream politics,


a shared experience among South Asian
politicians. Being good in politics appear to be
insufficient. There appears to be other factors
such as family links to politics that influence the
voter.

should be further increased, if possible, up to

Ashraff believes that women are being

50%.

encouraged to enter politics without adequate

Many public issues that require political


interventions will gain more perspective and
an inclusive approach if more women are
accommodated at the political decisionmaking tables, she noted.

preparation and explanation of the expected


role. We encourage women to enter politics,
especially at the local level, without offering a
clear view of things. That makes their journey
more difficult.
Ashraff stressed on the need to promote

womens engagement at the local level


where they are able to work closely with the
communities and drive tangible change.
A political party desires the expansion of its
vote base. To achieve that, they naturally look
to persons who are most likely to win more
votes. The parties, irrespective of what they
say in words and on paper about committing
themselves to a course of non-discrimination
and gender parity, are less likely to worry

11

whether the candidate is a man or woman as

Choice is Power | OPTIONS 2016

...male counterparts
tend to overlook
issues with grave
implications, ranging
from malnourishment
to domestic violence,
whereas with
women, there is
every possibility
of rewriting the
narrative, if they
were in positions of
power and influence.

long as they have a convincing vote base,


she added.
Jeewani Kariyawasam, an upcoming politician
and a former member of the Chilaw Urban
Council, pointed out that the problem lay
with the system. There are many reasons

Truth and Equity

for womens reluctance to come forward,

adding that women were also the people

and a key reason among them is the male

who worked consistently and committedly for

decision makers within political parties who

electoral success of political parties. Yet, the

often demand sexual favours and make it both

same women, who show great leadership,

uncomfortable and difficult for women to seek

are reluctant to stand under the spotlight.

office. There are women who have admitted

There is family pressure and the male structures

to this publicly.

keep women away from serious political

According to her, two systemic issues holdback


women from entering and progressing in politics.
The system is extremely corrupt. Effective
service to the public depends on the leadership.
There are many instances where the leadership
at the local council level is corrupt and
inefficient. System cleanup is vital.
Kariyawasam is of the view that more women in
local government bodies would influence such
a system clean up. Though it may appear as yet
another stereotype, it is still correct to believe

ability to lead from the front. They are socially


conscious and are receptive to public needs,
traits that should stand them in good stead,
she added.
According to her, what really keeps women
away is the fear of being character assassinated.
That alone can drive women away. Thats
misogyny but we have still not found a counter
form to beat them at it.
Sharanya Sekaram, a young professional

honest and committed, she noted.

engaged with the Youth Parliament identifies

responsibility of political parties to ensure

the lack of grooming available to women as


a key drawback in becoming political leaders.

correct people are accommodated. When

Women are not groomed to play leadership

more women are included in the system,

roles, often they are expected to play secondary

opportunity to demand sexual favours would

and/or supportive roles. They are raised and

naturally decrease as the levels of scrutiny

taught how to become good mothers and

increase.

wives, not even good professionals. On the

Rohini Wijeratne, Member of Parliament for


Matale District said that, whether women enter
mainstream politics or not, there is enough
evidence of their engagement at the grassroot
level. Despite engagement at different levels,
when it comes to joining the fray, women
Choice is Power | OPTIONS 2016

Yet, women regularly demonstrate their

that women at the leadership level are more

When nominating persons, it should be the

12

engagement, Wijeratne said.

demonstrate great reluctance.


Lets accept it: there is that glass ceiling. Male
politicians generally resist the entry of women
and there are too many roadblocks. I know it
as someone who experienced it and continue
to deal with patriarchy and misogyny.
At the village level, it is generally women
who lead community groups, she noted,

other hand, those who are in politics are also


pigeon-holed. They have standard portfolios
to hold as if there is pre-judgement as to what
their capacities would be in fact how limited
they are expected to be, from a male point
of view. No attempts are made at the decisionmaking level of political parties to assign serious
portfolios to women. Women should represent
them and their own constituencies as change
agents.

Truth and Equity

The long march


quota for women is an important first step on
a challenging path

he theme for International Womens Day

The Prime Minister in his speech attempted to

this year is Planet 50-50 by 2030: Step it up for

pacify members of the Joint Opposition by

gender equality.

promising them additional time to participate

It provided a good opportunity to reflect


on the 25% mandatory quota for women in
local government passed by the Sri Lankan
Parliament amidst an uproar created by
members of the Joint Opposition who walked
in to the well of the House demanding that they
be recognised as an independent group.
The second and third reading of the bill
amending the Local Authorities Elections Act
to grant a quota for women was therefore
punctuated by interruptions, slogans, shouting
and even singing. Scant attention appears
to have been paid by over 40 Members of
Parliament to the substance of the bill under
discussion.

in the debate. Yet, the disruptions and shouting


continued, prompting him to ask whether
they were against increasing womens
representation. Faizer Mustapha seemed to
want to believe that despite the screaming and
shouting, none of the members of the Joint
Opposition including Pavithra Wanniarachchi,
opposed this bill. From newspaper reports, it
seems clear that only government members
finally voted for the bill amidst the chaos that
led to Parliament being adjourned three hours
earlier than scheduled.
The theatrics in Parliament that day can be seen
as a parody of the inattention given to the issue
of womens representation in political institutions
by politicians over the years. Indeed, even if

Together with Prime Minister Ranil


Wickremesinghe, who presented the bill, only
five other Members of Parliament Chandrani
Bandara, Mavai Senathiraja, Faizer Mustapha,
Anoma Gamage and Range Palitha Bandara
got an opportunity to speak.

those members of the joint opposition were not


against increasing womens representation,
their behaviour effectively trivialised and
reduced it to a non-issue.
Those who supported the quota, could speak
for no more than four minutes. The whole
debate lasted no more than 35 minutes.
Ultimately the (non)debate failed to adequately

Chulani Kodikara
Chulani Kodikara is a Senior Researcher at
the International Centre for Ethnic Studies
(ICES). Her research areas include law,
feminism, gender and identity politics. She
holds a law degree from the University of
Colombo and LLM from the University of
Sussex, United Kingdom.

foreground the historical significance of the


law that was passed as well as its limitations in
furthering democracy and womens political
empowerment.

13
Choice is Power | OPTIONS 2016

Truth and Equity

The media coverage of the amendment the

constituencies (or in a few instances, double

next day also failed in this task. Most newspapers

or triple member constituencies) demarcated

tended to be preoccupied with the visit

within each local government area and

to Sri Lanka by the UN High Commissioner

another list of members who will be elected

for Human Rights or the antics of the joint

from a PR list. The second part of the nomination

opposition. Some newspapers had inside stories

paper will comprise a list of women, from which

on the amendment but they simply quoted

a certain number will be elected, based on the

parliamentarians speeches or views without

proportion of votes obtained by the party within

any attempt to contextualise or historicise the

the whole local council area.

amendment. There was no reference to the


long struggle waged by womens activists and
organisations or the National Committee on
Women (NCW) going back almost 20 years
to secure this reservation. Nor was there any
reference to the deeply patriarchal and maledominated political culture in Sri Lanka, which
has systematically marginalised women from
political power.

Substance
The amendment effectively overturns the 25%

for example, from 2% to 25% (in actual numbers


from around 90 to over 2000 elected women).
According to the amendment, the quota does
not bar women from obtaining nominations at
the ward level or the general PR list. Theoretically
therefore, womens representation can surpass
25% at local level.

Limitations
The importance of the increase in the number

which was put in place when the electoral

of women at local government that is ensured

system at local level was changed to a mixed

by this quota cannot be over-emphasised, as

Proportional Representation and Simple

numerous strategies to increase representation

Majority System in October 2012. In terms of

of women in local government over the past

the actual mechanics the new amendment

two decades consistently failed due to the

has increased the number of seats at the level

dominance of a patriarchal culture within

of local government by one third, i.e. by 2206

political parties.

to 8825. This increase amounts to 25% of all seats


at local level. It is this increased number of seats
that will be awarded to women candidates
nominated by political parties on a separate list
according to the proportion of votes obtained
by each party at the level of each local council.
Choice is Power | OPTIONS 2016

number of women elected to local government,

discretionary quota for women and youth

seats, taking the total number of seats from 6619

14

This quota will result in a dramatic increase in the

Seats will be allocated according to the order


of priority on this list as decided by the party.
The quota will be implemented within the new
mixed system of elections. It is beyond the scope
of this article to explain the mixed system of
elections except to say that the nomination
paper for local government will now have
two separate parts. The first will contain a list
of candidates contesting for single member

Yet from the point of view of democracy and


womens empowerment it is an extremely
weak quota. The methodology adopted
by the amendment February may not
represent the best way of addressing the
historical marginalisation of women from local
government for several reasons:
1. It does not challenge the status quo or
incumbency of male politicians
Often, affirmative action for women in political
institutions, while increasing the numbers of
women, also exacts a penalty from men who
have dominated these seats for years by forcing
male members to give up their seats and make
way for women to contest in their place.

Truth
and Equity
Representation

Women must move from being voters to


candidates and the elected (sfcg.org)

The quota at local government level in Sri Lanka

4. It is certain to create a dichotomy between

does not challenge the incumbency of male

general seats and womens seats

politicians because women will be appointed


to seats that have been added to the original
number of seats in local government bodies.

Women coming in through this quota are likely


to have less power and definitely less credibility
within the local council than those who are

2. It gives the party unmediated power to

elected as well as those who are appointed

decide on who gets on the list as well as the

under the PR list.

order of priority on the list

Other critics have raised questions about the

It is likely that women who are nominated will

monetary cost of the increase in the number

be relatives of politicians or party supporters.

of elected members in local government. A

The vast majority of women who have been

robust debate on the nature and character

active within parties may still be left out of

of the womens quota in parliament might

political power at the local level. Moreover, it will

have highlighted these limitations and ways of

perpetuate patronage politics of a gendered

addressing them.

kind within political parties over responsiveness


to and accountability to a voter base. Already
stories are emerging that some party leaders
are demanding sexual favours as the price for

quota for women in local government has to


be seen as the beginning of another phase in
the struggle for equal representation of women
in local government. This time, to ensure that

15

3. Together with members appointed from the

the quota is implemented in a way that furthers

separate PR list, women will have to necessarily

democracy and empowers women.

Choice is Power | OPTIONS 2016

nomination on to the womens list.

This debate still needs to happen and the

represent the whole local government area


They will not have a separate constituency of
their own which they can nurture or which can
hold them to account, robbing them of political
experience.

(This article first appeared in Groundviews)

Truth and Equity

Getty Images/AFP

Did we jump the gun?


T

he upcoming local government elections will be historic and will serve as the trial

grounds for several changes.


For instance, this would be the first election to be held under the proposed mixed
electoral system, where the First Past the Post system is being reintroduced after
nearly three decades. The elections will also be the first time that political parties

16

bodies. Another proposed amendment to the Provincial Council Act will hopefully

Choice is Power | OPTIONS 2016

are required to allocate a 25% quota for youth and women in the local government
set the stage for national level changes. As positive as it may seem at policy level,
the real challenge lies in the implementation.

Chathuri Dissanayake
Chathuri Dissanayake is a freelance
journalist who is passionate about women,
peace and developmental issues.

Truth
and Equity
Representation
The move to grant a mandatory quota was of

strategy to increase female participation.

course, a welcome change. Till 2016, lobbying

The party has conducted one workshop in

for such changes fell on deaf ears, until the

Gampaha to encourage women to play a

call to improve the status of women was

more active role in local governance, says UPFA

included in the last years presidential election

Parliamentarian Sudarshini Fernandopulle who

agenda. As many actors of the two- decade-

has been assigned the task of recruiting more

long battle would testify, the change wasnt

women and facilitating their entry into UPFA

easily achieved or widely supported, but was

politics.

welcomed by all parties when it finally became


a piece of legislation.
However, much of the issue still remains to
be battled out. Although a quota has been
announced for both youth and women, how
the political parties choose to implement this is
yet to be seen.
Womens participation within the major political
parties has remained low throughout the years.
Even the United National Party (UNP) which has
a separate womens wing known as the Lak
Wanitha Peramuna records very low numbers
of women in active politics.

We have not yet developed a policy regarding


the matter at party level, she admitted.
The Tamil Nation Alliance (TNA) too welcomed
the change of assigning a mandatory quota.
However, they too have no clear plan to
increase womens participation in the political
front, Leader of the TNA, R. Sampanthan, said.
The view that participation of women in politics
should increase is accepted by the Party, but
we have not taken any policy level decisions
or worked out strategies. Competent women
should come forward, he said, explaining TNAs
position on the amendment.

Months after the amendment was introduced


to the Local Authorities Elections Act, political
parties are yet to devise any comprehensive
strategy to encourage increased participation
of women in local governance through their
actual integration. The UNP however seems
to be working within its existing mechanism to
recruit more females for political leadership
aimed at the upcoming local election.
We have introduced a leadership training
program for the Lak Wanitha Peramuna itself,
and we hope to groom our members through
this program, explained Kabir Hashim, General
Secretary of the UNP. The womens wing
focused on skills development and economic
empowerment of women. However, the party
now intends utilising its the leadership program
for women to encourage their female members
to enter active politics.
The United Peoples Freedom Alliance (UPFA)
on the other hand has not still devised a clear

For the country that produced the worlds first woman


prime minister, Sirimavo Bandaranaike, increasing
womens representation in politics had proved a
daunting task (media.web.britannica.com)

Choice is Power | OPTIONS 2016

17

routinely carries out different training programs

Truth and Equity

Despite hailing the amendment as a positive

However, overall reluctance among women

change, Sri Lankas major political parties fall

to enter politics is not a new trend. The role

short, particularly in the area of affirmative

being traditionally reserved for males by

action. No clear structural or policy changes

males almost as an entitlement, the violent

have been made at party level to recruit more

and aggressive nature of Sri Lankan politics

women, perhaps indicating that increasing

continue to discourage women from running

female political participation is still a secondary

for public office. This emphasises the need for

goal.

concentrated efforts by individual political

Janatha Vimukthi Peramuna (JVP), the Marxist


political party, has even gone to the extent of

Lack of interest displayed by main political

in the Sunday Observer on 26 June 2016 titled

parties towards the female cause, on the other

Empowering women, quoted JVPs General

hand, may result in an explosion of the widows

Secretary Tilvin Silva, saying that there were far

and daughters syndrome, evident in Sri Lankan

more pressing issues to be solved. However,

politics, perhaps strongly influenced by similar

he has emphasised that the JVP has always

South Asian trends. However, Fernandopulle,

encouraged female participation in active

the widow of a former UPFA politician herself,

politics and was prepared for the proposed 30%

Jeyaraj Fernandopulle,

quota in nominations for women.

necessarily a bad thing.

However, even the UNP the only political

believes it is not

Most parents do not encourage their children


to enter politics, unless they have a background
in politics, she said.

party which is using an inbuilt mechanism to

Not many women will come forward unless

encourage female participation is falling

they have strong family support, which is

behind in recruiting enough numbers to meet

necessary to withstand the pressures of the

the stipulated quota. The UNP which is currently

current political climate in the country.

engaged in the process of selecting candidates


for the upcoming local government elections
has not received enough applications from
women, observed Hashim.
I have to admit, that we have already
processed close to 10,000 applications, but it is
very disappointing to find such a low a number
of applications from women. It is really not
Choice is Power | OPTIONS 2016

the status quo only serves as a deterrent.

highlighting this as fact. An article published

Low participation

18

parties to increase womens participation, as

enough, he noted.
The UPFAs experience is no different, in fact a
little worse. The female recruitment is an uphill
struggle for the main constituent party of the
UPFA, with a main constituent party, the Sri
Lanka Freedom Party(SLFP), which produced
the worlds first woman prime minister. Not many
women want to enter politics in the current
environment, explained Fernandopulle.

While facts remains such, much rides on making


a good impression through fielding the right
candidate, Fernandopulle noted.
If we field candidates who are not performing,
this becomes ammunition for those who believe
womens participation is not a priority, and that
women are not capable of playing leadership
roles. We have seen this in the past and we need
to avoid this, she emphasised.
However, with no clear dedicated strategy
in place to drive recruitment campaigns for
women politicians in any of the major political
parties in the country, this may indeed prove
to be a bigger challenge for Sri Lankan women
than mounting the Everest.

Truth and Equity

PHOTO ESSAY | Representation


Sanchia Brown
Pledges to Action
The womens struggle in Sri Lanka had seen many faces
and many phases. Over the years, it had strongly shifted
to reflect issues that are deeply political.
When a new coalition government was elected to office
on 8 January 2015, the women were promised better
representation, livelihood support, truth and justice,
return and reintegration, in post war Sri Lanka.

Sanchia is the New Media Programme


officer at Women and Media Collective.

19
Choice is Power | OPTIONS 2016

Sanchia Brown

These images by Sanchia Brown reflect that reality: On 8


March 2015, two months after the new United National
Front Government was installed in office, these women
from different walks of life, age groups and ethnicities,
took to streets, reminding the administration that they
would not let those promises be forgotten or swept under
the carpet of political expediency, demanding promises
be translated into action as a matter of priority.

Truth and Equity

PHOTO ESSAY | Representation


Sanchia Brown
Choice is Power | OPTIONS 2016

20

Choice is Power | OPTIONS 2016

Truth and Equity

21

Truth and Equity

Choice is Power | OPTIONS 2016

22

TRANSITIONAL
JUSTICE
The spirit of truth and the spirit of justice are one.
- Simone Weil

Truth and Equity


In transitional justice

No one-sizefitsall formula

Sitralega Maunaguru is
a retired professor from
the Eastern University
Sri Lanka with over
three decades of teaching
experience at the Eastern
and Jaffna universities.
She has had a lifelong
engagement with womens
rights and peace activism.
A founder member of various
organizations working on
womens rights and social
justice, she was engaged
with the Mothers Front,
Womens Study Circle and
Poorani Womens Centre in
Jaffna in the 80s and early
90s and her work continues
with Suriya Womens
Development Centre in
Batticaloa.
She was honoured by
UNHCR in 2003 for her
efforts to support internally
displaced women and
promote gender equality,
and in 2007, was appointed
by the government to serve
the National Committee on
Women (NCW).

he new administration has undertaken several


measures to pave the way for transitional justice
in post war Sri Lanka.
There is great emphasis at present, on truth
finding, justice for the missing and reparation,
the cornerstones of a transitional justice process.
To achieve the above, a significant number
of women have come forward and have
become engaged, yet the process itself is not
sufficiently gender sensitive, observed Sitralega
Maunaguru, a retired professor, prominent social
activist and a member of the Consultation Task
Force on Reconciliation Mechanisms.
Prof. Maunaguru noted that womens voices

Dhaneshi Yatawara
Dhaneshi is a journalist and a budding
activist who enjoys furthering causes close
to her heart and working on the womens
agenda, through journalism.

are not necessarily heard in what she termed as


Sri Lankas rushed transitional justice process.
She currently serve as a member of the
Consultation Task Force formed under the
Secretariat for Coordinating the Reconciliation
Mechanism of the Prime Ministers Office. We
need to ask the average woman who lost her
son, daughter or husband, what transitional
justice means to her and what her expectations
are, she noted, in a comprehensive interview
with Options 51.
Excerpts from the interview:
Q: Transitional justice is Sri Lankas current buzz
word. As someone engaged in the governmentinitiated process, what is your experience,
specially with regard to the womens call for
justice and reparation? Is the process gender
sensitive?
A: I cannot say it is gender sensitive or truly
gender inclusive. There are a few initiatives but
the process caters very little to women.

23
Choice is Power | OPTIONS 2016

Truth and Equity

The transitional justice process began as a result


of the political changes that took place post
8 January 2015. That change was largely the
work of voters from the North, East and Central
regions. Silently marking their electoral protest
were women. Women who lost their kith and kin
due to a protracted war, women who lost their
homes and properties due to conflict, natural
disasters like landslides or the tsunami, voted on
January 8 to ensure that change.
As I travel across the country as a member of the
Consultation Task Force, I get the opportunity
to hear their candid views firsthand. I see
that women are tired of waiting and have
lost hope in trying to seek truth and justice.
They have deeply etched regret and severe
disappointment in the lack of justice and the
delays pain them more.
If we are to take the transitional justice process
forward, we must make it people-centric and
communicate in simple language. The language
used by non-governmental organizations is
hardly understood by the ordinary citizen. To
make it more gender sensitive, this process
needs to be communicated to the public in
their own language and by carefully deriving
responses from the women who have borne the
brunt of war for decades. These women have
stored their grief. When recording their grief,
which is what they record, there needs to be
sufficient sensitivity. It is an ethical requirement.
How do we engage these suffering mass of
people in the most sensitive manner?

Choice is Power | OPTIONS 2016

24

On the other hand, the Zonal Task Forces


appointed by the Secretariat for Coordinating
the Reconciliation Mechanism, comprise
leading community leaders who are close to
the local people. They are respected by the
communities and people speak to them easily.
The women who shared their experiences said
that they felt comfortable and less hesitant
to divulge information to the Commission
members, compared to the previous occasions
when various commissions heard them for the
same purpose.

It is also very important to find out how women


perceive peace and justice in relation to their
lives. In my personal opinion, in the current
rushed process, there is hardly any time for such
reflections. It should not be a one-size-fits-all
formula.
Q: In your view, has Sri Lanka managed
to capture the wide spectrum of concepts
associated with transitional justice?
A: The concept of transitional justice is intertwined
with the political beliefs of the country. It is not
only about the Missing Persons Office, but much
more. It should address wider issues.
The Sri Lankan tendency is to overhaul policies
with changes of government. There should be
a stable mechanism to guarantee the rights of
all people through the constitution. There should
be structures and administrative arrangements
to sustain such initiatives. Otherwise history will
repeat itself.
Policymakers should make effort to discover
the deep-rooted problems that subsequently
exploded into a full-blown conflict and the
residual effects. If they genuinely wish to seek
solutions, there needs to be crucial and critical
engagements.
There is no ground preparation by the authorities
to facilitate interactions in places where youth
from all ethnicities interact. Best examples are
from the Eastern and Jaffna universities where
there were recent clashes. The issue was linked
to Sinhala students getting selected to enter
these universities after the war ended. The
new generation needs to be educated on the
concepts of integration and be supported to do
so, understanding that in their lifetime, this has
not been their experience but now they can
have that multi-ethnic experience.
As you said, there is a broad spectrum of issues
related to transitional justice currently under
discussion. It confuses the general public.
People need time to absorb these concepts.
Transitional justice as part of a long-term
reconciliation process requires time to take root.

Truth andJustice
Equity
Transitionl

If we do not think deeply enough about these


issues and adopt a hurried process, we will miss
the vital milestones in ensuring transitional justice
for all our people. Let it also not be forgotten
that women always bear the brunt of war and
their issues deserve special attention. Even in
these processes, they end up being somewhat
marginalised.
Q: Some women are actively engaged in
seeking truth and justice. Besides their burden
of grief, they have had to endure numerous
socio-cultural and economic challenges. How
do you expect these double-burden carrying
women, to be engaged in truth seeking?
A: There are many such recorded cases.
I am from the East and I regularly interact with
war-affected women. When women engage,
they do not conform to the socially constructed
feminine qualities because they have come
forward and are proactive about the issue.
A woman who can withstand this mounted
pressure is the one who can influence change.
All women may not be equally strong or have
the capacity. Different women negotiate with
these restrictions differently. There is not one
way but many ways to handle these issues. The
injustice cannot be considered less, even if it is
only one person who is affected by it, because
it is still an injustice.
Facilitating women to actively seek truth is not
easy, and requires support mechanisms. The
achievement is greater when there is collective
action.
Q: A recent amendment to the Local Authorities
Elections Act has paved the way for a mandatory
25 % quota for youth and women in the local
government bodies. Do you think increased
womens representation (at least at the local
government level) may contribute in some
form, to achieving a degree of gender sensitive
transitional justice?

A: I believe so. If there are more women


politicians, there will be better understanding
of issues raised by women. Women will naturally
understand the additional burdens placed on
women in the aftermath of war, in addition to
scars of war they happen to bear.
Historically, the womens narrative was hardly
ever recorded and this process should be
used for such recording of voices. That will add
perspective and will give us a more complete
idea in a process which is male-centric by large.
Women who attended the public hearings
conducted by the Zonal Task Force reiterated
that they felt they were not properly heard or
recognised, even after all the hardships they
have gone through, including loss of family
members and property, displacement on
multiple occasions and livelihood problems.
The very process of return and reintegration
itself is daunting.
In the North and the East, the number of
women-headed households is far above the
national average. Their view towards life could
be different and need to be recorded. There
are many young widows who were married
very young, simply to avoid forced recruitment
by the LTTE. Wouldnt their perspectives be
quite different? We need to ask the average
woman who lost her son, daughter or husband,
what transitional justice means to her, not as a
concept but as a daily experience. What needs
to be done?
Q: Following the achievement of increasing
womens representation at the local government
level, many activists have noted it as a marginal
achievement, compared to the long years of
struggle to get there. How do you view this?
A: Yes, compared to the time and effort made
over decades by the womens movement in
promoting a quota for women in representative
bodies, this may not be huge in terms of
achievement but it is still a defining moment
in history.

25
Choice is Power | OPTIONS 2016

It cannot be hurried. This is where experiences


from other countries become invaluable.

Truth and Equity

This is also not the quota we demanded


for. It also may not change a thing at the
parliamentary level.

Photo by Velayudan Jayachithra

Udala
Com gama
repo mission
rt

Choice is Power | OPTIONS 2016

26

Cartoon by Damayanthi Muthukumarage

TJ

Me a
ch nd
an
ism

People will take some time to get accustomed


to a quota system. Majority of the people will
argue that women have other responsibilities
at home and a different societal context. But in
a few years, when people get used to it, more
and more women will be ready to accept the
challenge and there will be greater societal
acceptance for this new role of women. But
first, the policy has to be introduced.

I find it a little surprising that encouraging women


to participate in politics has become the sole
responsibility of women activists and groups
here. That does say something. Others have
chosen to stay silent, quietly shutting women
out of the political systems. We prefer to remain
silent in the face of this great inequality. Men see
no reason to push this because that reduces
their perceived entitlement to lead and rule. But
this tide will change gradually when the policy
gets mainstreamed and becomes a practice.

Truth and Equity

The

women are
still here

Women are still mostly invisible from

many of the processes which govern


and shape our societies. The matter of
women in politics is not the only matter
at hand but it does unsparingly reveal
the crux of the problem.
Keeping women from politics is
about keeping women from a serious
engagement with decision-making; it
is about how womens voices are shut
down and discredited, the moment
they appear in the public sphere.

The world, in general, does not like listening to


women. The very concept of listening to women
still evades many people, many conversations
and many spaces. The 20-year long fight in Sri
Lanka, to get the mandatory womens quota in
all political parties contesting in elections fixed
at 25% was won earlier this year, but even then,
not without ugliness. Our systems have a way of
disappearing women.
But they are here; they are still here. In fact, in a
post-war country where an armed conflict took
lives for nearly 30 years, and other cycles and
mechanisms of violence before, during and
after, there are, sometimes, only women. Many
households, many communities, particularly in
the North and the East of Sri Lanka, are womenled. The women are, emphatically, still here.
This year, in addition to the 25% victory, women
in Sri Lanka. The State has engaged women
directly through critical consultative processes
on significant issues. One was the mechanism

Subha Wijesiriwardena
Subha wijesiriwardena is a writer, feminist,
media and sustainability enthusiast.
She holds a degree in Communication and
Media Studies (India).

of public consultations on constitutional


reform; across Sri Lanka, women made daring
submissions to the Public Representations
Committee, which addressed issues of gender

27
Choice is Power | OPTIONS 2016

are being heard marginally more than usual

Truth and Equity

inequality across the board.


The second such process is, of course, the
Consultations Task Force on Reconciliation
Mechanisms. The Consultations Task Force
(CTF) has been receiving and reviewing public
submissions since April this year. One of the key
mechanisms mandated is the set-up of the
Office of Missing Persons (OMP) and getting the
OMP bill operationalised.
Just recently, on the 23 August 2016, the Speaker
of Parliament Karu Jayasuriya signed the Office
of Missing Persons Act, making it a legal act.

committed on civilians in times of war and


crisis, primarily because no government has
never admitted it to be true. While commissions
have been appointed before to look into
disappearances, many of those were for
investigating disappearances in the South. The
mandate of the OMP includes investigating
disappearances in the North and East. Finally,
something is being said about the Tamil
communitys losses.
For the first time, steps have been taken by
the State, post-war, to at least acknowledge
disappearances which occurred as a

Enforced disappearances have been a deep,

consequence of the war, of war-related

dark problem which Sri Lanka has had an

measures of security taken by the State and its

intensely complicated relationship with. They

armed forces, under the Prevention of Terrorism

happened in the North and East to members

Act (PTA).

of the Tamil community, with the war for


nearly 30 years; they happened in the South
to members of the Sinhalese community when
previous governments tried to violently crush
youth-led Marxist insurrections more than once.
It remains one of the grossest acts of violence

However, it is clear that the problem of enforced


disappearances is yet to entirely disappear
from our society with the war having ended,
with a new government in place, there are
serious indications that it still continues. With
the OMP now in motion, the new government
must also take steps to abolish the dangerously
exploited PTA if it is serious about dealing with

Throughout the civil war in Sri

disappearances.

Lanka, and throughout the other

But it didnt take the OMP to bring the topic

moments of violent conflict, it has

of disappearances into our midst. Throughout

been women typically mothers


and wives of the disappeared
who have been the face of
Choice is Power | OPTIONS 2016

28

the civil war in Sri Lanka, and throughout the


other moments of violent conflict, it has been
women typically mothers and wives of the
disappeared who have been the face of

all the disappeared, Tamil and

all the disappeared, Tamil and Sinhalese, of

Sinhalese, of this country; women,

this country; women, refusing to disappear,

refusing to disappear, standing


in for their loved ones who have
been made invisible.

standing in for their loved ones who have been


made invisible.
Through organisations like Poorani, Mothers
Front and The Association of War Affected
Women and Parents of Servicemen Missing in
Action, mothers and wives of the disappeared

Truth andJustice
Equity
Transitionl

Women from the North,


East and the South have,
at different times,
demanded truth and justice
(sangam.org)

have made their voices heard in a sustained,

to be answered, in order for there to be

long-term manner, over decades North to

reconciliation. Decades ago, these women

South. They have been in the struggle for justice

were already telling us that ending the war

for a long, long time.

wouldnt be enough to really end the war.

In their story, the story of Sri Lankas civil war

In the reconciliation mechanisms processes,

marked by racism, violence and the strategic

it is in the spaces of these women that some

deepening of ethnic divisions it is immediately

feeling of understanding seems to be making

made less simplistic, less black and white, less

itself felt; it is these women who are beginning to

us and them; it complicates things, and in a

talk to each other, to be the first to instinctively

profound way.

understand reconciliation and reparation. It

Tamil and Sinhalese women have come


together on several historic occasions to protest
enforced disappearances, when relations
between the two communities have been at
their worst. Even when they protested among
their own communities, in their own towns,

is them who are crossing boundaries of race


and mistrust to say, I understand we have a
shared experience of unthinkable pain; I also
understand we, as members of the two ethnic
communities, have experienced the war
entirely differently.
It is in them that we see most clearly the need

provocative: often, the moral and emotional

for accountability and justice; with them, we

authority of mother and wife ensured that

see that without accountability and justice,

these women could express their grief and rage

we cannot begin making the journey towards

without fear, and with gravity. But their demands

reconciliation and healing.

were never simplistic: they wanted them back,

29

or they wanted the people who had killed them

Choice is Power | OPTIONS 2016

their protests stand out in history as incredibly

to be tried through fair, concrete mechanisms.


They had a clear sense of what justice
meant, long before talks of transitional justice
had begun in Sri Lanka. They had understood
that these questions were going to need

Truth and Equity

Photo by Shreen Saroor

Gender justice in
truth seeking
Women seek transitional justice as well as transformative justice
to ensure social reforms

D espite gloomy prospects, it seems there


might be a golden opportunity for the womens
movement in Sri Lanka to bring about gender
sensitive structural changes by influencing the
islands transitional justice process.
Let it not be forgotten, in the drive to ensure
Choice is Power | OPTIONS 2016

30

Sithara Shreen
Abdul Saroor

short and medium term steps while pursuing

Sithara Shreen Abdul Saroor is one of


the founders of the Mannar Womens
Development Federation (MWDF) which
addresses the needs of war affected
women in the islands North. She is also
a founder trustee of the Womens Action
Network (WAN), a collective of eight
womens organizations that are at the
forefront in addressing violence against
women and access to justice in the North
and East.

island, that gender justice should be a non-

long-term reconciliation for the war-embattled


negotiable core value in the very foundations
of transitional justice mechanisms. It would be
a societal failure of the worst kind, to allow this
golden moment to slip through without making
transitional justice fair and equal as well as
gender just.

Truth andJustice
Equity
Transitionl

These mechanisms offer a means to pursue

and recommendations included in a way that

gender justice through multiple means: by

their own lessons learnt are reflected in these

revealing gendered patterns of abuse, deep-

mechanisms.

They can also enhance access to gender


justice and build momentum for reforms, be it
constitutional, legal or in increasing womens
representation.

The key questions before them were; what


does justice mean to women affected by the
conflict and violence? How do they view the
justice processes proposed thus far in delivering
effective gender justice? What is the gendered

An effort was made in the very recent past when

impact of various violations experienced

womens groups made a concerted effort to

and what are the specific violations and the

appear before the Public Representations

categories for which women mostly seek redress

Committee on Constitutional Reforms in the

through these mechanisms?

North and the East. There was a high level of


engagement at the district level in the former
war zones.

What are our collective experiences in seeking


justice through mechanisms that are already
in place? It is not easy to have womens

It was the very first time that women from various

struggles, their angst, their knowledge and

walks of life decisively voiced their concerns

experiences acknowledged and reflected by

about the perpetuation of discrimination,

special mechanisms, and to have priority status

inequality and marginalisation, as a result

in accessing fair justice and timely delivery for

of the provisions contained in the Sri Lankan

women.

Constitution, and called for the removal of these


inequities through the new constitution-making
process.
For many of us, transitional justice mechanisms
are a window to challenge the structural
causes of gender inequalitythey are intended
not only to make the State and non-State
actors publicly acknowledge abuses and
violations, but also to have gender-specific
recommendations included in a future truthseeking commission as well as reparations
initiatives.
In June this year, womens groups in the North
and the East gathered to look into each of
the proposed transitional justice mechanisms
to see how their concerns can be addressed

It is still timely to raise the question as to how


one addresses pre-existing gendered power
relations in order to ensure balance through
new substantive processes.
These Sri Lankan womens groups have classified
the issues at hand in relation to all four proposed
mechanisms, with the hope that their pursuit
of interim justice will not fail. There we also find
the womens collective voices, coherent and
strong.
Women are victims of all forms of violence
and crimes, not solely sexual violence.
Overemphasising wartime sexual violence
risks ignoring that women suffered mass
atrocities apart from rape.

31
Choice is Power | OPTIONS 2016

rooted discrimination and long-term suffering.

Truth and Equity

Transitional justice must look beyond war-

All mechanisms should be adequately

related atrocities to create unity and

funded and staffed with victims and

equality.

witnesses receiving adequate and timely

Transitional justice should create social


transformation by addressing structural
inequalities (including the culture of impunity
for violence against women and the immunity
of men in power) and traditional disparities.
Although transitional justice is often reduced
to political, constitutional and legal reforms,
women seek social reforms and the pursuit
of multiple truths.
Women seek transformative justice, beyond
transitional justice. They view transitional
justice as a long-term process of political,
economic, social and cultural transformation.
At all levels of every transitional justice
mechanism, women should be given
equal opportunities in the decision-making
processes and their participation and should
not be reduced to the symbolic expression
of concerns such as victimhood, especially
in male-dominated settings.
Meeting human rights obligations, all such
processes should include accountability
mechanisms that are accessible to both
men and women, paying due attention to
gendered power relations and differences
which discourage women from voicing their
concerns and lodging complaints.
Choice is Power | OPTIONS 2016

32

While devising the mechanisms, the State


should be mindful of the heterogeneity of
womens war experiences and consider
the intersectionality of gender, race, caste,
religion, region, class and the varying levels
of influence each of these factors might play.

access to quality professional psychological


and medical treatment as well as counselling
services, either internally or through referral
procedures.
Elimination of the culture of impunity and
commitment to security and legal sector
reform should be part of the process whilst
enhancing the efficiency of the regular
justice system.
Womens representation in justice, defence,
security and health structures should be
ensured while men who are engaged in
these sectors undergo gender-sensitive
training.
In the lustration or vetting processes, there
should be specific provisions to legally
exclude men who when holding positions
of power have committed mass atrocities
or gender-based and/or sexual violence,
from regaining power in any form.
To ensure this, the transitional justice process
should pave the way for a mandatory
Lustration Law. Similarly, politicians who have
been convicted of committing sexual and
physical violence against women should be
disqualified from running for political office.

Truth and Equity

PHOTO ESSAY | Trasitional Justice


Sharni jayawardEnA
Through the eyes of women

Sharni Jayawardena is a writer, editor,


photographer and documentary
filmmaker.
Her interest in still photography grew
out of her work in video and television
productions and she now works as a
freelancer.

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Choice is Power | OPTIONS 2016

Sharni Jayawardena

Truth-telling and accountability are integral


elements of a transitional justice process.
Women living in war zones and in border
villages, who experienced and continue
to experience harm and abuse, need to
be heard to comprehend the extent of the
human rights violations perpetrated against
them. And be responsive to their needs and
demands.

Truth and Equity

PHOTO ESSAY | Trasitional Justice


Sharni jayawardEnA

Choice is Power | OPTIONS 2016

34

Truth and Equity

PHOTO ESSAY | Trasitional Justice


Sharni jayawardEnA

Choice is Power | OPTIONS 2016

35

Truth and Equity

PHOTO ESSAY | Trasitional Justice


Sharni jayawardEnA

Choice is Power | OPTIONS 2016

36

Truth and Equity

PHOTO ESSAY | Trasitional Justice


Sharni jayawardEnA

Choice is Power | OPTIONS 2016

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Truth and Equity

Choice is Power | OPTIONS 2016

38

EMPOWERNMENT
Take your new tool the women of
India and elsewhere to unlock information for
your benefit, knowledge and growth
- Aruna Roy

Truth and Equity

Empowering through
information
F

ormer UN Secretary General and 2001 Nobel

Yet, we see a social history that disempowers

Peace Prize winner Kofi Annan addressing a

women, undervalues their contribution to

World Bank Summit on Global Knowledge

society and development, and keeps them

97 famously said: Knowledge is power.

two steps behind and tethered to beliefs that

Information is liberating. Education is the

fuel the disparity. We see more women being

premise of progress, in every society, in every

unemployed than men, more women settling

family.

for jobs in the informal sector where wage

He wasnt talking about literacy rates, but the


democratising power of information that can
make an electorate potent, transform the

disparities abound, more women remaining


stuck in the bottom rungs of the career ladder
with no hopes of progress or promotion.

citizenry into the greatest defender of freedom

We see more women among the countrys

and can eliminate prejudices, discriminations

unskilled migrant labour quotient, in the

and disparities.

plantation sector, in garment factories

His message comes to mind as one ponders the


recently enacted Right to Information (RTI) law

Conversely, we see less women in management


positions, in politic, in positions of influence..

and gender parity, or the lack there of, despite

Would the female career landscape look

Sri Lankas admirable 92.63% adult literacy rate,

different if we were a better informed society?

which according to statistics slightly weighs in

Would our social history read empowered

favour of the girl child, is the best in the region

if more women had the right to information

and is above average by world standards.

that gave them the freedom and the power,

That there should be a gender disparity seems


incongruous.

not only to demand for equality and due


recognition in the workplace and elsewhere,
but to make better choices as well?

a potential for all, the path to poverty can


be reversed, Annan said, in his memorable

Hana Ibrahim
Hana Ibrahim is the Editor of Daily and
Weekend Express and Co-Conevner of
South Asian Women in Media Sri Lanka
Chapter.

speech. And what he envisioned with those


word all those years ago has been translated
into RTI-fuelled gendered realities in India, in the
United Kingdom and several other countries
that claim a statutory right to information.

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Choice is Power | OPTIONS 2016

With information on our side, with knowledge

Truth and Equity

In the UK, an RTI request regarding salary


structure helped pressurise the main public
service broadcaster into implementing
measures to ensure equal pay for equal work.
In India, where women are actively pushing for
greater access to information, success stories
abound. The Cater Centers Global Access
to Information (ATI) Program, which has been
actively promoting access to information on a
global level, reports how the women in a rural
village in India filed more than 100 requests for
information to force the administration to start

Indian security system that lead to the killing


of many including her husband, based on the
information gathered with the provisions of the
RTI.
With information, as Annan said, being the
true liberator, RTI not only strengthens women
in difficult circumstances but can also make
things better for school and college girl
dropouts, women with disabilities, women
entrepreneurs, grassroots women leaders, and

Yet another story reveals how following a

women better understand government policies

rights for widows, a poor Indian mother of five


started receiving her overdue payments on a
monthly basis.

Creating positive change


These arent earth shattering tales that turned
the course of history for women, but are little
signposts that speak of a greater promise of
how having information can be truly liberating
and empowering, when there is a RTI in place
and women have a legitimate right to access
official information.
These promises revolve around how an effective
RTI can create conditions for women to make
better, well-informed and more effective
decisions, not just regarding education,
employment, and day to day life, but also in

Choice is Power | OPTIONS 2016

expose the various lapses on the part of the

working on the supply of clean water.

request for information regarding pension

40

in the 26/11 Mumbai attack, managed to

relation to land ownership, health care and


other issues that will enable them to know and
exercise their full range of rights.
RTI could also be a particularly useful tool for
women to follow-up on complaints lodged
with the police, be it about a missing person,
domestic robbery or even a mugging incident.
The wife of an Indian Police Officer, who died

women in general. Significantly, it can help


and decisions taken in their name, engage in
setting government priorities and meaningfully
participate in democracy.
Women in Sri Lanka, like their counterparts in
other countries often face the double burden of
income generation and caring for their families.
Post war, many of them have become heads of
households and key decision makers, yet remain
impoverished with limited economic and
educational opportunities. With genuine access
to information, women can take advantage
of opportunities to transform their lives, families
and communities.
Equipped with knowledge, they can eliminate
the prejudices that colour their social history and
lead to their disempowerment. Information is truly
a cog in the wheel of womens empowerment.

Truth and Equity

A constitution
promoting
gender equity
Womens groups came together to make progressive submissions before the Public
Representations Committee for a constitution that reflects the aspirations of women

t was the first time in the history of constitution-

This preparation took place in 22 districts,

making in Sri Lanka that members of the public

enabling women to make representations

were invited to make submissions to the drafting

before the PRC when the committee sat at

of a new constitution. It was an extremely

district hearings.

important moment in history and equally


important to seize it.

As the WMC, there was particular focus on the


fundamental rights chapter and the inclusion

When the opportunity presented itself, many

of guarantees on socio-economic rights in the

womens groups decided to come together

proposed Bill of Rights, since these rights are

and made detailed submissions before the

not entrenched in or enshrined in the current

Public Representations Committee (PRC),

constitution.

appointed to seek public views.

Many of the concerns that women have

These women went before the PRC as the

discussed over the years with regard to

Women and Media Collective, initially in

education, health, shelter, housing, livelihoods,

Colombo, and a system was then worked out to

decent work, a living wage, social security

ensure all womens groups had the opportunity

pertaining to socio-economic rights, are not

to be as consultative as possible at local and

guaranteed by the constitution and therefore,

district level and frame their submissions with

it was strongly felt that the socio-economic

care, taking into consideration very specific

rights chapter should be broadened and

local and regional contexts and experiences.

strengthened.
There was much discussion on violence

Kumudini Samuel
Kumudini Samuel is a founder member and
former director of the Women and Media
Collective. She is a womens and human rights
advocate.

because there is a very high incidence of


violence, particularly violence against women,
and the women wished to ask if the constitution
could protect the right of women to live free
from violence and to live in dignity.

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Choice is Power | OPTIONS 2016

Truth and Equity

The women discussed in particular about


the bodily integrity of women, particularly
in relation to a womans right and ability to
control her body, her movements and to enjoy
a certain autonomy. This also relates to sexual
and reproductive rights and freedoms and the
groups felt it was necessary to request their
inclusion.

The current constitution does not allow us


the right to review laws that have been
passed, even when such laws are blatantly
discriminatory and infringe rights. Still, they
continue to remain in our statute books.
We dont have the review option once a law
is enacted, and it is a shared belief that such
provisions in the constitution are extremely

Questions of sexuality, including issues in relation


to lesbian gay, bisexual and transgender
people and their rights too were discussed.
When we looked at the laws, the existence
of discriminatory laws was very clear. These
laws worked against women with regard to
land, marriage, inheritance, sexual orientation
and gender identity, which we considered
necessary to have repealed.

detrimental, in particular to women, and are


indeed unconstitutional on that basis alone.
As a result, Women and Media Collective, for
instance, wanted Article 16 that allows for such
discrimination to be deleted. We looked at the
question of access to justice, delays in the law
and law enforcement particularly in relation
to violence and more so, violence against
women.
We also looked at the question of separation

Choice is Power | OPTIONS 2016

42

of powers and the question of devolution of

We dont have the


review option once a
law is enacted, and
it is a shared belief
that such provisions
in the constitution
are extremely
detrimental, in
particular to women,
and are indeed
unconstitutional on
that basis alone.

powers.
For many women, from all the districts from
the islands North and South, it was extremely
important that they could work directly with
the smallest institutions at the community level
and that these institutions be strengthened and
empowered and that power should shift from
the centre to the periphery.
Some of those institutions at local level have
certain executive powers to deal with everyday
issues and it was felt that this should be factored
in when the new constitution is made. It was
viewed in terms of devolution of power in

Truth and Equity

at the level of provincial councils and at local

One of the most


important things
in this process for
us has been the
extreme enthusiasm
of women to go
before the public
representation
committee and to
raise a number of
issues and concerns.

all the districts to the lowest local authority


area. That was an important provision we
asked for. We also asked for an independent
womens commissions. We know that we have
a certain number of independent commissions
brought in through the 18th amendment to
the constitution. But that amendment did not
envisage an independent womens commission.
And so we asked for an independent womens
commission. Another area where women
are extremely under represented and have
faced historic discrimination is with regard to
political representation and so we asked that
the constitution ensures that the state brings in
affirmative action provisions to ensure at least a
third of womens representation at parliament,

government. One of the most important things


in this process for us has been the extreme
enthusiasm of women to go before the public
representation committee and to raise a
number of issues and concerns. This reflected
very intense political engagement and interest
from among the public, from women and this
process of inclusivity and engagement and
these fresh ideas should be taken seriously by
political parties, by members of Parliament,
those who will be the final drafters of the
constitution. So we feel most strongly that this
constitution reform process must have political
will, must have political parties taking it seriously,
must have political parties looking at these
recommendations that have been made by
citizens and they must take this forward in to
a good draft constitution, they must take in to
parliament and pass it with a two thirds majority
and we hope that they will also help create a
public discourse so that when the constitution
is finally taken to a referendum that people,
citizens, civilians everywhere will be able to
vote in favor of a good constitution. So that buy
in from the political establishment is extremely
important. I hope the media will give as much
publicity and put a very positive read on this
whole process so that we will have a new
constitution, a progressive new constitution
and a constitution that is modern and futuristic.

Source: IWD 2016: Submissions made to the PRC on


constitutional reforms<https://www.youtube.com/watch?v
=wa1qn0gs2_U&app=desktop>

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Choice is Power | OPTIONS 2016

Photo: Maya Angelou (arieclaire.media.ipcdigital.co.uk)

Truth and Equity

Inspiration

You may write me down in history


With your bitter, twisted lies,
You may trod me in the very dirt
But still, like dust, Ill rise.
Does my sassiness upset you?
Why are you beset with gloom?
Cause I walk like Ive got oil wells
Pumping in my living room.
Just like moons and like suns,
With the certainty of tides,
Just like hopes springing high,
Still Ill rise.
Did you want to see me broken?
Bowed head and lowered eyes?
Shoulders falling down like teardrops,
Weakened by my soulful cries?
Does my haughtiness offend you?
Dont you take it awful hard,
Cause I laugh like Ive got gold mines
Diggin in my own backyard.

Still I rise

You may shoot me with your words,


You may cut me with your eyes,
You may kill me with your hatefulness,
But still, like air, Ill rise.
Does my sexiness upset you?
Does it come as a surprise
That I dance like Ive got diamonds
At the meeting of my thighs?
Out of the huts of historys shame
I rise
Up from a past thats rooted in pain
I rise
Im a black ocean, leaping and wide,
Welling and swelling I bear in the tide.
Leaving behind nights of terror and fear
I rise
Into a daybreak thats wondrously clear
I rise
Bringing the gifts that my ancestors gave,
I am the dream and the hope of the slave.
I rise
I rise
I rise.

Choice is
is Power
Power |
Choice
| OPTIONS
OPTIONS 2016
2016

44
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Maya Angelou
Maya Angelou (1928- 2014) is an
acclaimed African American author,
memoirist, poet and civil rights activist
known for her inspirational words, written
and spoken.

Truth and Equity

Choice is Power | OPTIONS 2016

46

The Women and Media Collective

56/1, Sarasavi Lane, Castle Street, Colombo 8, Sri Lanka.


Tel: +94 11 5632045, 2690201, 5635900 Fax: +94 11 2690192
Email:wmcsrilanka@gmail.com
Web:http://www.womenandmedia.org
Facebook:http://www.facebook.com/womenandmediacollective
Twitter:http://twitter.com/womenandmedia

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