1. The Committee
considered the third and fourth periodic reports of Sri Lanka
(CEDAW/C/LKA/3-4) at its 545th and 546th meetings on 28 January
2002 (see CEDAW/C/SR.545 and 546).
I. Introduction
by the State party
2. In her
introduction, the representative of Sri Lanka informed the Committee
that Sri Lanka was sincerely committed to honour its obligation
under the Convention and that efforts to improve the status of
women had been made not only in accordance to the country's obligations
as a State party to the Convention, but also pursuant to the principle
of equality enshrined in the country's Constitution.
3. Sri Lanka
was a developing country, currently experiencing severe economic
constraints resulting primarily from the long civil unrest in
the country, which, besides draining the country's human and capital
resources, also militated against its human development efforts.
The representative indicated that approximately one third of the
total population of Sri Lanka lived below the poverty line, with
Government welfare support, and that, despite this, Sri Lanka
had sustained positive social indicators, particularly with regard
to education and health. According to the 2001 Human Development
Report, the Human Development Index for Sri Lanka had risen to
81, while the country's Gender Development Index was 70.
4. The representative
informed the Committee that targeted state interventions had impacted
favourably on women. The literacy rate of women had improved,
thereby narrowing the lit eracy gap between women and men, as
had women's educational achievements. Progress was also seen in
relation to the increase of women's participation in the labour
force. Women had penetrated into a variety of new fields hitherto
dominated by men. Women's contributions to the country's foreign
exchange earnings through employment overseas - in the Export
Processing Zones and the plantation sector - had received recognition,
and rural women had been mobilized into economic activity through
special savings, credit and skills development programmes.
5. With regard
to health issues, the representative informed the Committee that
the improvement of delivery systems had resulted in the reduction
of maternal and infant mortality rates. She also indicated that
the life expectancy of women had surpassed that of men and that
women's visibility in the field of sports had increased.
6. The representative
indicated that Sri Lankans' willingness to recognize gender equality
at the highest level was demonstrated in 1994, when a woman was
elected executive President of the country. Sri Lanka continued
to focus on: improving the law and order situation to address
violence against women; eliminating gender stereotyping; introducing
special care programmes for ageing women; introducing programmes
for the improvement of the nutritional status of mothers; implementing
educational programmes to prevent the spread of HIV/AIDS among
women; encouraging women to take up non -traditional vocations;
and empowering women migrant workers and those employed in the
Export Promotion Zones. In addition, Sri Lanka continued to focus
on providing humanitarian assistance to the families affected
by the conflict, creating an enabling environment to motivate
women to assume political leadership, engendering legislation
and stepping up efforts in gender mainstreaming.
7. The Government
had taken several measures to establish administrative mechanisms
with proactive mandates in order to prevent abuse and harassment
of persons affected by armed conflict, particularly women and
children. The representative indicated that the Government was
adopting a multi -pronged approach when protecting those internally
displaced as a result of the conflict. Plans had been formulated
and programmes implemented with respec t to humanitarian assistance
and compensation, for building temporary shelters and for dealing
with resettlement and relocation. The representative informed
the Committee that infrastructure facilities for displaced children
had been provided and that a scholarship scheme had been introduced.
Efforts were now being made by the Government to improve the health
conditions of the internally displaced.
8. The representative
informed the Committee that upholding human rights during the
civil strife was a challenge, but that the Sri Lankan Government
had introduced measures to this end. Violence against women and
human rights violations committed by the security or police personnel
were not condoned. Sri Lanka submitted regular reports to the
human rights machinery of the United Nations and was preparing
to sign the Optional Protocol to the Convention.
9. The representative
also stated that, over the past years, the country's national
machinery had been vested with various powers and functions. The
new Government, established in December 2001, had directed that
every programme should contain a gender component and that the
gender impact of every programme should be assessed. It was expected
that this commitment would provide the leverage for new initiatives
for gend er mainstreaming across the entirety of the government
machinery and this would facilitate the implementation of the
components of the National Plan of Action for Women. The 2002
National Plan of Action for Women highlighted all priority areas
of intervent ion, including the need to address the inadequate
participation of women in power -sharing and decision - making
processes. The representative stated that the political climate
of the recent past was perceived as having created an environment
that was detrimental to women's political participation and that,
with a change in the political culture, it was hoped that women
would be empowered to become partners in implementing values of
good governance. The representative also stated that the Government
expected the national legislation giving statutory recognition
to the National Commission on Women to be enacted shortly.
10. The representative
informed the Committee that the Law Commission of Sri Lanka had
been requested to address inequities in national legislat ion.
Reforms to personal laws in the multi-ethnic, multi-religious
and multicultural society had to be attempted with due regard
and sensitivity to deeply rooted pluralistic and ethnic beliefs.
11. In concluding
her presentation, the representative noted that, in order to implement
the Convention fully, the Government was working in cooperation
with non-governmental organizations and with the support of the
donor community. However, in its efforts to honour its obligations
under the Convention, the Government was faced with difficulties
stemming from both the internal conflict and the external pressures
arising from global uncertainties. Sri Lanka hoped the current
initiatives towards securing a resolution to its internal conflict
would be successful in order that the ensuing peace would bring
benefits to Sri Lankan women.
II. Concluding
comments of the Committee
Introduction
12. The Committee
expresses its appreciation to the State party for submitting its
third and fourth periodic reports, which were in accordance with
the Committee's guidelines for the preparation of periodic reports.
It commends the State party for the written replies to the issues
raised by the pre -session working group and for its oral presentation,
which provided additional information on the current situation
of the implementation of the Convention in Sri Lanka.
13. The Committee
commends the State party for its delegation, headed by the Secretary
of the Ministry of Women's Affairs, and including officials from
various branches of Government, which enabled a frank and constructive
dialogue with the members of the Committee. The Committee notes
that governmental action, in particular the National Plan of Action
for Women, is placed within the context of the implementation
of the Beijing Platform for Action.
Positive
aspects
14. The Committee
commends the efforts to implement the Convention despite the difficult
socio -political situation. It welcomes efforts to strengthen
the national machinery on women, the introduction of gender mainstreaming
and the adoption of a range of policies and programmes to eliminate
discrimination against women, including the Women's Charter, the
establishment of the Ministry of Women's Affairs, the National
Committee on Women and the formulation of a National Plan of Action
for Women.
15. The Committee
commends the introduction of legal reforms that have been adopted
since 1995, in particular the amendments to the Penal Code, which
introduced new offences and more severe punishments with regard
to violence against women, as well as the revision of the marriage
laws, which increased the age of marriage, except in the case
of Muslims, to 18 for both women and men.
16. The Committee
commends the educational achievements and improved literacy rate
of women, as well as the curriculum reforms and teacher training
programmes to eliminate gender role stereotypes. The Committee
also commends the easy access to family planning for women
and men and the well -developed maternal and child health care
system, which has contributed to a decline in maternal mortality.
17. The Committee
welcomes the very active and lively participation of women's organizations
in monitoring and implementing the Convention.
Factors
and difficulties affecting the implementation of the Convention
18. The Committee
recognizes that armed conflict in the north and east of the country
and economic globalization puts constraints on the situation of
women and poses a serious challenge to the full implementation
of the Convention.
Principal areas of concern and recommendations
19.The Committee
expresses concern at the contradiction between the constitutional
guarantees of fundamental rights and the existence of laws that
discriminate against women. It is also concerned that cons titutional
provisions on fundamental rights do not create accountability
for the actions of non -State actors and the private sector, and
the fact that there is no opportunity for judicial review of legislation
pre-dating the Constitution. The Committee is also concerned at
the existence of discriminatory legislation such as the Land Development
Ordinance, and the provisions allowing for Muslim personal law,
which, inter alia, does not provide a minimum age of marriage,
as well as the nationality law which precludes Sri Lankan women
from passing nationality to their children on an equal footing
with men.
20.The Committee
urges the State party to review all existing laws and amend discriminatory
provisions so that they are compatible with the Convention and
the Constitution. It urges the State party to ensure that constitutional
rights are applicable to the activities of non -State actors and
the private sector. The Committee further recommends that in its
efforts to eliminate discriminatory legislation, the State party
take into account, where appropriate, suggestions and recommendations
from bodies such as the Muslim personal law reforms committee,
set up by the Ministry of Muslim Religious and Cultural Affairs.
The Committee also encourages the State party to obtain information
on comparative jurisprudence, including that which interprets
Islamic law in line with the Convention.
21. While
welcoming the efforts of the State party to strengthen the national
machinery for women and to introduce gender mainstreaming, the
Committee notes with concern that the legal framework, institutional
structures and the human and financial resources remain insufficient
to implement the Convention.
22. The Committee
encourages the State party to expedite the establishment of the
National Commission on Women, strengthen the gender focal points
in government ministries, ensure sufficient human and financial
resources for the implementation of the National Plan of Action,
and strengthen implementation of the Women's Charter, including
through giving legal force to its provisions where appropriate
to give effect to the principles of the Convention.
23. Despite
the fact that women have occupied the position of head of Government
of Sri Lanka, the Committee is concerned that, on the whole, there
is a very low level of representation of women in politics and
public life.
24. The Committee
urges the State party to take all necessary measures to increase
the representation of women in politics and public life at local,
provincial and national levels, including through the implementation
of temporary special measures, in accordance with article 4, paragraph
1, of the Convention.
25. Despite
the progress in education for women and girls, the Committee is
concerned about the under representation of women in engineering
and technology related courses in tertiary education.
26. The Committee
urges the State party to take all necessary measures to increase
the representation of women in engineering and technology related
courses in tertiary education.
27.The Committee
is concerned that women who become pregnant as a result of rape
or incest have to endure significant physical and mental torture.
28. The Committee
encourages the State party to re -introduce legislation to permit
termination of pregnancy in cases of rape, incest and the congenital
abnormality of the foetus.
29. The Committee
expresses its concern about the high incidence of violence against
women, including domestic violence. The Committee is concerned
that no specific legislation has been enacted to combat domestic
violence and that there is a lack of systematic data collection
on violence against women, in particular domestic violence. The
Committee, while appreciating the many amendments to the Penal
Code, notes with concern that ma rital rape is recognized only
in the case of judicial separation. The Committee is also concerned
that the police fail to respond to complaints of violence against
women with gender sensitivity and effectively.
30. The Committee
urges the Government to ensure the full implementation of all
legal and other measures relating to violence against women, to
monitor the impact of those measures, and to provide women victims
of violence with accessible and effective means of redress and
protection. In the light of its general recommendation 19, the
Committee requests the State party to enact legislation on domestic
violence as soon as possible. The Committee recommends that the
State party devise a structure for systematic data collection
on violence against women, including domestic violence, disaggregated
by sex and ethnic group. The Committee urges the State party to
consider recognizing marital rape in all circumstances as a crime.
The Committee recommends that the State party provide comprehensive
training to the judiciary, police, medical personnel and other
relevant groups on all forms of violence against women.
31. The Committee
is alarmed by the high and severe incidences of rape and other
forms of violence targeted against Tamil women by the police and
security forces in the conflict areas. While recognizing the prohibition
of torture in the Constitution and the establishment of the inter-ministerial
working group to counter these acts of violence, the Committee
is concerned that victims in remote areas might be unaware of
their rights and of how to seek redress.
32.The Committee
urges the State party to monitor strictly the behaviour of the
police and the security forces, ensure all perpetrators be brought
to justice, and take all necessary measures to pre vent acts of
violence against all women.
33. The Committee,
while noting with appreciation the efforts of the State party
to eliminate gender role stereotyping in formal education, expresses
its concern at the perpetuation of traditional stereotyped gender
roles amongst the general public and in the media.
34. The Committee
calls upon the State party to strengthen measures to eliminate
stereotypical attitudes about the roles and responsibilities of
women and men, including awareness-raising and educational campaigns
directed at both women and men of the general public and at the
media. It also calls upon the State party to undertake an assessment
of the impact of its measures in order to identify shortcomings
and to adjust and improve these measures accordingly.
35. The Committee
is concerned about the low level of women's economic participation,
the high unemployment rate of women, the inadequate protection
for women working in the informal sector, such as domestic service,
and the weak enforcement of laws to protect women workers in the
Export Processing Zones. The Committee is also concerned that
no data is available on the wage gap between women and men.
36. The Committee
urges the State party to take all the necessary measures to increase
the economic participation of women and ensure that women have
equal access to the labour market and equal opportunities to and
at work. The Committee calls on the State party to provide adequate
protection and ensure the enforcement of labour laws for the benefit
of all women workers in all areas. The Committee recommends that
sex-disagreggated data on income distribution and wages be collected
and included in the next report and that the State party take
measures to ensure that a gender perspective is incorporated into
all labour policies.
37. The Committee
is concerned about the increasing number of women who migrate
to work from Sri Lanka and work in vulnerable situations, who,
despite the protective measures taken by the Government, including
mandatory registration and insurance coverage, are often subjected
to abuse and sometimes death.
38. The Committee
urges the State party to ensure the full and effective enforcement
of the measures taken to protect overseas women migrant workers,
including preventing the activities of illegal employment agencies
and ensuring that insurance covers the disabled and jobless after
they return to Sri Lanka.
39. Noting
that the majority of women live in rural areas, the Committee
is concerned that economic policies do not incorporate a gender
perspective and do not take into account rural women's role as
producers.
40. The Committee
urges the State party to recognize rural women's contributions
to the economy by collecting sex-disagreggated data on rural production
and to ensure the incorporation of a gender perspective in all
development programmes, with special attention to minority rural
women.
41. The Committee
is concerned about the high percentage of households headed by
women, half of whom are elderly, many illiterate and have meag
re means of living.
42. The Committee
urges the State party to develop policies and programmes to improve
the situation of women-headed households and elderly women, including
recognizing women -headed households as equal recipients and beneficiaries
of development programmes.
43. The Committee
expresses its concern about the continued situation of armed conflict
in the north and east of Sri Lanka and the increase of internally
displaced persons, the majority of whom are women and children.
44. The Committee
urges the State party to allocate more resources to meet the needs
of internally displaced women and children and to ensure their
privacy, access to health facilities, security and protection
from violence. The Committee calls on the State party to ensure
full and equal participation of women in the process of conflict
resolution and peace -building.
45. The Committee
urges the State party to sign and ratify the Optional Protocol
to the Convention and to deposit, as soon as possible, its instrument
of acceptance of the amendment of article 20, paragraph 1, of
the Convention on the meeting time of the Committee.
46. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
submi tted under article 18 of the Convention. The Committee,
in particular, requests the State party to provide information
on the assessment and impact of all laws, policies, plans, programmes
and other measures taken to implement the Convention.
47. The Committee
requests the wide dissemination in Sri Lanka of the current concluding
comments in order to make the people in Sri Lanka, in particular
government administrators and politicians, aware of the steps
that have been taken to ensure the de jure and de facto equality
of women as well as of further steps that are required in this
regard. It also requests the State party to continue to disseminate
widely, in particular to women's and human rights organizations,
the Convention, its Optional Protocol, the Committee's general
recommendations and the Beijing Declaration and Platform for Action,
as well as the results of the twenty -third special session of
the General Assembly, entitled "Women 2000: gender equality,
development and peace for the twenty -first century".
