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Gender-based violence

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This article is based on “Law is Light” – a series of trilingual legal discussions to educate the general public with Attorneys-at-law of Sri Lanka. This is organised by the Pro Bono committee of the Law Students’ Association of Sri Lanka.

The panellists for the discussion on Gender Based Violence were: Aritha Wickramasinghe – AAL and Equality Director at iProbono. He leads the organisation’s LGBT access to justice work and has been a pioneering activist in the field of diversity and inclusion. Aritha has spearheaded a number of initiatives and pro bono projects promoting diversity, equality, and human rights – specifically LGBT rights – globally. Wasana Kannangara- AAL and a Legal Officer of Child Protection Force and Swasthika Arulingam – AAL, a former project manager at the legal aid commission for the North and East Program Support Unit

 

What is gender-based violence (GBV) and what are the types of GBV? Who can cause GBV and where can it happen?

Aritha – The term GBV is gender neutral; it means actions of physical and emotional violence against someone. There is an overwhelming violence against women. A recent government survey reveals that 1/5 women are victims of physical and sexual violence. A UNFPA report stated that 95% of women who use public transport are victims of sexual harassment.

For a long time, men have denied their role as a perpetrator of this violence and they are increasingly being called out now. Looking at the statistics if 95% of women experience sexual harassment in public transport, then there has to be a majority of men who are responsible for this type of violence happening. We have to take responsibility as a gender and there needs to be more accountability. There isn’t enough accountability. If you take rape as an example, only one person was convicted of rape in Sri Lanka last year and this is in the light of about 6,000 reported cases.

Swasthika – GBV can happen at the workplace and any public place. Violence can take place on a physical, sexual and mental level. The general advice given to girls is “Don’t go out in the night, it is not safe”, but we fail to recognize that women face violence at home by their family members and intimate partners. This is not discussed in the open. Further, women don’t report violence that happen at work due to the fear of losing the job. In my view, GBV is most probable to happen in private spaces.

Aritha – Violence can be physical, emotional and financial. This revolves around the level of control a person can have over another

 

Physical violence

If a touch can cause you to feel threatened for life, it can amount to physical violence.

Wasana says, it is all about exerting power over an individual and this can happen within a married couple and even out of marriage where a man forces a woman to have sexual intercourse. Women have the right to have protected sex. If a person denies this right, it can amount to sexual violence.

 

Emotional violence

This is a series of events causing psychological harm or suffering to the victim. It is a behavioural and verbal form of abuse and it usually takes place in prolonged periods. The victim may feel a high sense of insecurity and depression. The victim may also be emotionally drained, abused and harassed. Screaming at your partner, using bad language as a form of insult, threatening to harm your partner are forms of emotional abuse.

 

Financial abuse

To have control over financial resources by blocking accounts and denying access to the money.

 

Who can cause this violence?

Aritha – Some women who took part in the survey thought that they deserved that treatment and they did not think it was a form of abuse. They did not think that there was something wrong. The Patriarchal system is very strong and the women are a part of it. It will take a while to dismantle this notion but it is a struggle which women must lead together with men.

Swasthika – When an individual experiences violence as a child, they tend to do the same as adults. This is called “Generational violence”. However, this is not the only because of violence. When children are influenced by social opinions, they tend to objectify women and the LGBQT and turn into adults who cause violence.

 

What do you think of bullying? Is bullying part of GBV?

Aritha – Bullying and harassment is part of GBV. When someone is being bullied, they feel threatened for their emotional and physical wellbeing. When the bully is of an opposite gender it does come under GBV.

 

How do men face sexual violence?

Aritha – We see sexual violence committed by women on men, more often where there is a power play where the female is in a position of power or has responsibility of the male child. Most of the sexual violence experience by men have been committed by other men. Many male victims don’t come out and talk about it due to the stigma attached to it. We are made to think that it is feminine to admit that a horrendous crime has been committed against us. There is a lot of shame and we are told to man up. These toxic values of masculinity mean that when we become victims, we don’t tend to speak up and then unfortunately we become the perpetrators of sexual violence.

Swasthika – We see men bullying men by insulting their masculinity. This is a form of violence which boys face. We don’t see any man complaining about the violence committed by women, due to the cultural stigma it is embedded around. There is an assumption that rape can be only be committed by a man and this is reflected in our laws even today. Hence, men don’t come forward.

 

How do you suggest we combat this issue and encourage men to speak up?

Aritha – Education in school. We all know, most of us did not receive any form of sexual education in school, relationship education. We are not taught what consent means. A lot of men and women do not understand the word consent. Children are learning about relationships through pornography and a lot of pornographic content is violent, but they are playing out certain fantasies. For a young child who hasn’t been taught consent or decent relationships, seeing this as a normalisation of sexual and gender-based behaviour influences how they treat their partner.

The lack of education perpetuates violence against women.

 

Is there a difference between domestic violence and gender-based violence? Or is it the same?

Aritha – They are not the same. The contexts are different.

GBV can happen anywhere. It can happen in the bus, beach. Domestic violence happens in a private space within a private relationship. It is not necessarily at home but it happens between intimate partners.

 

There is a stigma attached to reporting your spouse for any violence inflicted. What advice would you give these people?

As a lawyer, I would say that you should report it but we need to understand that the circumstances of every person are very different. We also need some very sympathetic police because there are instances where women who went to complain have been sent back. The police have pushed partners in abusive relationships to mediation to solve their issues, as opposed to taking any form of legal action. Any form of domestic violence is a criminal matter. The fact that it happened between intimate partners doesn’t reduce its criminality.

 

Can you speak on the violence faced by the LGBTIQ community in Sri Lanka?

Aritha – There was a survey conducted by Equal Ground in all 25 districts of the country about three years ago and it showed that 70% of the LGBT community had experienced some form of violence and 50% were denied jobs. Lawyers working with iProBono exposed that LGBT people were subjected to forced anal and vaginal examinations by judicial medical officers.

 

What is the legal framework in place for this issue?

Wasana – First you need to file a complaint at the nearest police station. If you are not close to one you can call the hotline 119. Or you can call the Police headquarters 0112 421111 to get the nearest police station to make a complaint. There is a special number for domestic violence which is 1938.

 

We live in a digital world today. Can you elaborate on sexual violence that happens on the Internet?

Aritha – We are together with the Ministry of Youth Affairs and the Ministry of Justice on combating cyber bullying and we are making reforms to the Criminal Laws to criminalise cyberbullying, revenge porn and cyber harassment. This has become a problem due to the proliferation of smartphones. We see the school playground bullying taking place on social media like naming and shaming individuals, calling them by insulting words or sending violent or shaming messages. We see a lot of sexual cyber harassment going on. There are actually organised gangs of school boys, unfortunately who run very sophisticated rings, sharing naked images of other school girls. Back then we shared stickers of superheroes. Now they trade pictures of school girls by inducing them into a relationship and threatening them to send nude pictures. This becomes a cycle of sexual violence and lead to revenge porn where they publish those unauthorised photos unless the girl does a sexual favour. Unfortunately, we have given children smart phones without educating them about the consequences.

= You can watch the entire discussion on our YouTube channel – Law Students’ Association Sri Lanka

 

Co-authors: Zeenath Zakir, Anjalee Udawatte and Shalome Thason (Pro Bono Committee of the Law Students’ Association of Sri Lanka)

 

 



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Misinterpreting President Dissanayake on National Reconciliation

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President Dissanayake

President Anura Kumara Dissanayake has been investing his political capital in going to the public to explain some of the most politically sensitive and controversial issues. At a time when easier political choices are available, the president is choosing the harder path of confronting ethnic suspicion and communal fears. There are three issues in particular on which the president’s words have generated strong reactions. These are first with regard to Buddhist pilgrims going to the north of the country with nationalist motivations. Second is the controversy relating to the expansion of the Tissa Raja Maha Viharaya, a recently constructed Buddhist temple in Kankesanturai which has become a flashpoint between local Tamil residents and Sinhala nationalist groups. Third is the decision not to give the war victory a central place in the Independence Day celebrations.

Even in the opposition, when his party held only three seats in parliament, Anura Kumara Dissanayake took his role as a public educator seriously. He used to deliver lengthy, well researched and easily digestible speeches in parliament. He continues this practice as president. It can be seen that his statements are primarily meant to elevate the thinking of the people and not to win votes the easy way. The easy way to win votes whether in Sri Lanka or elsewhere in the world is to rouse nationalist and racist sentiments and ride that wave. Sri Lanka’s post independence political history shows that narrow ethnic mobilisation has often produced short term electoral gains but long term national damage.

Sections of the opposition and segments of the general public have been critical of the president for taking these positions. They have claimed that the president is taking these positions in order to obtain more Tamil votes or to appease minority communities. The same may be said in reverse of those others who take contrary positions that they seek the Sinhala votes. These political actors who thrive on nationalist mobilisation have attempted to portray the president’s statements as an abandonment of the majority community. The president’s actions need to be understood within the larger framework of national reconciliation and long term national stability.

Reconciler’s Duty

When the president referred to Buddhist pilgrims from the south going to the north, he was not speaking about pilgrims visiting long established Buddhist heritage sites such as Nagadeepa or Kandarodai. His remarks were directed at a specific and highly contentious development, the recently built Buddhist temple in Kankesanturai and those built elsewhere in the recent past in the north and east. The temple in Kankesanturai did not emerge from the religious needs of a local Buddhist community as there is none in that area. It has been constructed on land that was formerly owned and used by Tamil civilians and which came under military occupation as a high security zone. What has made the issue of the temple particularly controversial is that it was established with the support of the security forces.

The controversy has deepened because the temple authorities have sought to expand the site from approximately one acre to nearly fourteen acres on the basis that there was a historic Buddhist temple in that area up to the colonial period. However, the Tamil residents of the area fear that expansion would further displace surrounding residents and consolidate a permanent Buddhist religious presence in the present period in an area where the local population is overwhelmingly Hindu. For many Tamils in Kankesanturai, the issue is not Buddhism as a religion but the use of religion as a vehicle for territorial assertion and demographic changes in a region that bore the brunt of the war. Likewise, there are other parts of the north and east where other temples or places of worship have been established by the military personnel in their camps during their war-time occupation and questions arise regarding the future when these camps are finally closed.

There are those who have actively organised large scale pilgrimages from the south to make the Tissa temple another important religious site. These pilgrimages are framed publicly as acts of devotion but are widely perceived locally as demonstrations of dominance. Each such visit heightens tension, provokes protest by Tamil residents, and risks confrontation. For communities that experienced mass displacement, military occupation and land loss, the symbolism of a state backed religious structure on contested land with the backing of the security forces is impossible to separate from memories of war and destruction. A president committed to reconciliation cannot remain silent in the face of such provocations, however uncomfortable it may be to challenge sections of the majority community.

High-minded leadership

The controversy regarding the president’s Independence Day speech has also generated strong debate. In that speech the president did not refer to the military victory over the LTTE and also did not use the term “war heroes” to describe soldiers. For many Sinhala nationalist groups, the absence of these references was seen as an attempt to diminish the sacrifices of the armed forces. The reality is that Independence Day means very different things to different communities. In the north and east the same day is marked by protest events and mourning and as a “Black Day”, symbolising the consolidation of a state they continue to experience as excluding them and not empathizing with the full extent of their losses.

By way of contrast, the president’s objective was to ensure that Independence Day could be observed as a day that belonged to all communities in the country. It is not correct to assume that the president takes these positions in order to appease minorities or secure electoral advantage. The president is only one year into his term and does not need to take politically risky positions for short term electoral gains. Indeed, the positions he has taken involve confronting powerful nationalist political forces that can mobilise significant opposition. He risks losing majority support for his statements. This itself indicates that the motivation is not electoral calculation.

President Dissanayake has recognized that Sri Lanka’s long term political stability and economic recovery depend on building trust among communities that once peacefully coexisted and then lived through decades of war. Political leadership is ultimately tested by the willingness to say what is necessary rather than what is politically expedient. The president’s recent interventions demonstrate rare national leadership and constitute an attempt to shift public discourse away from ethnic triumphalism and toward a more inclusive conception of nationhood. Reconciliation cannot take root if national ceremonies reinforce the perception of victory for one community and defeat for another especially in an internal conflict.

BY Jehan Perera

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Recovery of LTTE weapons

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Sri Lanka Navy in action

I have read a newspaper report that the Special Task Force of Sri Lanka Police, with help of Military Intelligence, recovered three buried yet well-preserved 84mm Carl Gustaf recoilless rocket launchers used by the LTTE, in the Kudumbimalai area, Batticaloa.

These deadly weapons were used by the LTTE SEA TIGER WING to attack the Sri Lanka Navy ships and craft in 1990s. The first incident was in February 1997, off Iranativu island, in the Gulf of Mannar.

Admiral Cecil Tissera took over as Commander of the Navy on 27 January, 1997, from Admiral Mohan Samarasekara.

The fight against the LTTE was intensified from 1996 and the SLN was using her Vanguard of the Navy, Fast Attack Craft Squadron, to destroy the LTTE’s littoral fighting capabilities. Frequent confrontations against the LTTE Sea Tiger boats were reported off Mullaitivu, Point Pedro and Velvetiturai areas, where SLN units became victorious in most of these sea battles, except in a few incidents where the SLN lost Fast Attack Craft.

Carl Gustaf recoilless rocket launchers

The intelligence reports confirmed that the LTTE Sea Tigers was using new recoilless rocket launchers against aluminium-hull FACs, and they were deadly at close quarter sea battles, but the exact type of this weapon was not disclosed.

The following incident, which occurred in February 1997, helped confirm the weapon was Carl Gustaf 84 mm Recoilless gun!

DATE: 09TH FEBRUARY, 1997, morning 0600 hrs.

LOCATION: OFF IRANATHIVE.

FACs: P 460 ISRAEL BUILT, COMMANDED BY CDR MANOJ JAYESOORIYA

P 452 CDL BUILT, COMMANDED BY LCDR PM WICKRAMASINGHE (ON TEMPORARY COMMAND. PROPER OIC LCDR N HEENATIGALA)

OPERATED FROM KKS.

CONFRONTED WITH LTTE ATTACK CRAFT POWERED WITH FOUR 250 HP OUT BOARD MOTORS.

TARGET WAS DESTROYED AND ONE LTTE MEMBER WAS CAPTURED.

LEADING MARINE ENGINEERING MECHANIC OF THE FAC CAME UP TO THE BRIDGE CARRYING A PROJECTILE WHICH WAS FIRED BY THE LTTE BOAT, DURING CONFRONTATION, WHICH PENETRATED THROUGH THE FAC’s HULL, AND ENTERED THE OICs CABIN (BETWEEN THE TWO BUNKS) AND HIT THE AUXILIARY ENGINE ROOM DOOR AND HAD FALLEN DOWN WITHOUT EXPLODING. THE ENGINE ROOM DOOR WAS HEAVILY DAMAGED LOOSING THE WATER TIGHT INTEGRITY OF THE FAC.

THE PROJECTILE WAS LATER HANDED OVER TO THE NAVAL WEAPONS EXPERTS WHEN THE FACs RETURNED TO KKS. INVESTIGATIONS REVEALED THE WEAPON USED BY THE ENEMY WAS 84 mm CARL GUSTAF SHOULDER-FIRED RECOILLESS GUN AND THIS PROJECTILE WAS AN ILLUMINATER BOMB OF ONE MILLION CANDLE POWER. BUT THE ATTACKERS HAS FAILED TO REMOVE THE SAFETY PIN, THEREFORE THE BOMB WAS NOT ACTIVATED.

Sea Tigers

Carl Gustaf 84 mm recoilless gun was named after Carl Gustaf Stads Gevärsfaktori, which, initially, produced it. Sweden later developed the 84mm shoulder-fired recoilless gun by the Royal Swedish Army Materiel Administration during the second half of 1940s as a crew served man- portable infantry support gun for close range multi-role anti-armour, anti-personnel, battle field illumination, smoke screening and marking fire.

It is confirmed in Wikipedia that Carl Gustaf Recoilless shoulder-fired guns were used by the only non-state actor in the world – the LTTE – during the final Eelam War.

It is extremely important to check the batch numbers of the recently recovered three launchers to find out where they were produced and other details like how they ended up in Batticaloa, Sri Lanka?

By Admiral Ravindra C. Wijegunaratne
WV, RWP and Bar, RSP, VSV, USP, NI (M) (Pakistan), ndc, psn, Bsc (Hons) (War Studies) (Karachi) MPhil (Madras)
Former Navy Commander and Former Chief of Defence Staff
Former Chairman, Trincomalee Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan

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Yellow Beatz … a style similar to K-pop!

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Yes, get ready to vibe with Yellow Beatz, Sri Lanka’s awesome girl group, keen to take Sri Lankan music to the world with a style similar to K-pop!

With high-energy beats and infectious hooks, these talented ladies are here to shake up the music scene.

Think bold moves, catchy hooks, and, of course, spicy versions of old Sinhala hits, and Yellow Beatz is the package you won’t want to miss!

According to a spokesman for the group, Yellow Beatz became a reality during the Covid period … when everyone was stuck at home, in lockdown.

“First we interviewed girls, online, and selected a team that blended well, as four voices, and then started rehearsals. One of the cover songs we recorded, during those early rehearsals, unexpectedly went viral on Facebook. From that moment onward, we continued doing cover songs, and we received a huge response. Through that, we were able to bring back some beautiful Sri Lankan musical creations that were being forgotten, and introduce them to the new generation.”

The team members, I am told, have strong musical skills and with proper training their goal is to become a vocal group recognised around the world.

Believe me, their goal, they say, is not only to take Sri Lanka’s name forward, in the music scene, but to bring home a Grammy Award, as well.

“We truly believe we can achieve this with the love and support of everyone in Sri Lanka.”

The year 2026 is very special for Yellow Beatz as they have received an exceptional opportunity to represent Sri Lanka at the World Championships of Performing Arts in the USA.

Under the guidance of Chris Raththara, the Director for Sri Lanka, and with the blessings of all Sri Lankans, the girls have a great hope that they can win this milestone.

“We believe this will be a moment of great value for us as Yellow Beatz, and also for all Sri Lankans, and it will be an important inspiration for the future of our country.”

Along with all the preparation for the event in the USA, they went on to say they also need to manage their performances, original song recordings, and everything related.

The year 2026 is very special for Yellow Beatz

“We have strong confidence in ourselves and in our sincere intentions, because we are a team that studies music deeply, researches within the field, and works to take the uniqueness of Sri Lankan identity to the world.”

At present, they gather at the Voices Lab Academy, twice a week, for new creations and concert rehearsals.

This project was created by Buddhika Dayarathne who is currently working as a Pop Vocal lecturer at SLTC Campus. Voice Lab Academy is also his own private music academy and Yellow Beatz was formed through that platform.

Buddhika is keen to take Sri Lankan music to the world with a style similar to K-Pop and Yellow Beatz began as a result of that vision. With that same aim, we all work together as one team.

“Although it was a little challenging for the four of us girls to work together at first, we have united for our goal and continue to work very flexibly and with dedication. Our parents and families also give their continuous blessings and support for this project,” Rameesha, Dinushi, Newansa and Risuri said.

Last year, Yellow Beatz released their first original song, ‘Ihirila’ , and with everything happening this year, they are also preparing for their first album.

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