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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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Features

US’ drastic aid cut to UN poses moral challenge to world

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An UN humanitarian mission in the Gaza. [File: Ashraf Amra/Anadolu Agency]

‘Adapt, shrink or die’ – thus runs the warning issued by the Trump administration to UN humanitarian agencies with brute insensitivity in the wake of its recent decision to drastically reduce to $2bn its humanitarian aid to the UN system. This is a substantial climb down from the $17bn the US usually provided to the UN for its humanitarian operations.

Considering that the US has hitherto been the UN’s biggest aid provider, it need hardly be said that the US decision would pose a daunting challenge to the UN’s humanitarian operations around the world. This would indeed mean that, among other things, people living in poverty and stifling material hardships, in particularly the Southern hemisphere, could dramatically increase. Coming on top of the US decision to bring to an end USAID operations, the poor of the world could be said to have been left to their devices as a consequence of these morally insensitive policy rethinks of the Trump administration.

Earlier, the UN had warned that it would be compelled to reduce its aid programs in the face of ‘the deepest funding cuts ever.’ In fact the UN is on record as requesting the world for $23bn for its 2026 aid operations.

If this UN appeal happens to go unheeded, the possibilities are that the UN would not be in a position to uphold the status it has hitherto held as the world’s foremost humanitarian aid provider. It would not be incorrect to state that a substantial part of the rationale for the UN’s existence could come in for questioning if its humanitarian identity is thus eroded.

Inherent in these developments is a challenge for those sections of the international community that wish to stand up and be counted as humanists and the ‘Conscience of the World.’ A responsibility is cast on them to not only keep the UN system going but to also ensure its increased efficiency as a humanitarian aid provider to particularly the poorest of the poor.

It is unfortunate that the US is increasingly opting for a position of international isolation. Such a policy position was adopted by it in the decades leading to World War Two and the consequences for the world as a result for this policy posture were most disquieting. For instance, it opened the door to the flourishing of dictatorial regimes in the West, such as that led by Adolph Hitler in Germany, which nearly paved the way for the subjugation of a good part of Europe by the Nazis.

If the US had not intervened militarily in the war on the side of the Allies, the West would have faced the distressing prospect of coming under the sway of the Nazis and as a result earned indefinite political and military repression. By entering World War Two the US helped to ward off these bleak outcomes and indeed helped the major democracies of Western Europe to hold their own and thrive against fascism and dictatorial rule.

Republican administrations in the US in particular have not proved the greatest defenders of democratic rule the world over, but by helping to keep the international power balance in favour of democracy and fundamental human rights they could keep under a tight leash fascism and linked anti-democratic forces even in contemporary times. Russia’s invasion and continued occupation of parts of Ukraine reminds us starkly that the democracy versus fascism battle is far from over.

Right now, the US needs to remain on the side of the rest of the West very firmly, lest fascism enjoys another unfettered lease of life through the absence of countervailing and substantial military and political power.

However, by reducing its financial support for the UN and backing away from sustaining its humanitarian programs the world over the US could be laying the ground work for an aggravation of poverty in the South in particular and its accompaniments, such as, political repression, runaway social discontent and anarchy.

What should not go unnoticed by the US is the fact that peace and social stability in the South and the flourishing of the same conditions in the global North are symbiotically linked, although not so apparent at first blush. For instance, if illegal migration from the South to the US is a major problem for the US today, it is because poor countries are not receiving development assistance from the UN system to the required degree. Such deprivation on the part of the South leads to aggravating social discontent in the latter and consequences such as illegal migratory movements from South to North.

Accordingly, it will be in the North’s best interests to ensure that the South is not deprived of sustained development assistance since the latter is an essential condition for social contentment and stable governance, which factors in turn would guard against the emergence of phenomena such as illegal migration.

Meanwhile, democratic sections of the rest of the world in particular need to consider it a matter of conscience to ensure the sustenance and flourishing of the UN system. To be sure, the UN system is considerably flawed but at present it could be called the most equitable and fair among international development organizations and the most far-flung one. Without it world poverty would have proved unmanageable along with the ills that come along with it.

Dehumanizing poverty is an indictment on humanity. It stands to reason that the world community should rally round the UN and ensure its survival lest the abomination which is poverty flourishes. In this undertaking the world needs to stand united. Ambiguities on this score could be self-defeating for the world community.

For example, all groupings of countries that could demonstrate economic muscle need to figure prominently in this initiative. One such grouping is BRICS. Inasmuch as the US and the West should shrug aside Realpolitik considerations in this enterprise, the same goes for organizations such as BRICS.

The arrival at the above international consensus would be greatly facilitated by stepped up dialogue among states on the continued importance of the UN system. Fresh efforts to speed-up UN reform would prove major catalysts in bringing about these positive changes as well. Also requiring to be shunned is the blind pursuit of narrow national interests.

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Features

Egg white scene …

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Hi! Great to be back after my Christmas break.

Thought of starting this week with egg white.

Yes, eggs are brimming with nutrients beneficial for your overall health and wellness, but did you know that eggs, especially the whites, are excellent for your complexion?

OK, if you have no idea about how to use egg whites for your face, read on.

Egg White, Lemon, Honey:

Separate the yolk from the egg white and add about a teaspoon of freshly squeezed lemon juice and about one and a half teaspoons of organic honey. Whisk all the ingredients together until they are mixed well.

Apply this mixture to your face and allow it to rest for about 15 minutes before cleansing your face with a gentle face wash.

Don’t forget to apply your favourite moisturiser, after using this face mask, to help seal in all the goodness.

Egg White, Avocado:

In a clean mixing bowl, start by mashing the avocado, until it turns into a soft, lump-free paste, and then add the whites of one egg, a teaspoon of yoghurt and mix everything together until it looks like a creamy paste.

Apply this mixture all over your face and neck area, and leave it on for about 20 to 30 minutes before washing it off with cold water and a gentle face wash.

Egg White, Cucumber, Yoghurt:

In a bowl, add one egg white, one teaspoon each of yoghurt, fresh cucumber juice and organic honey. Mix all the ingredients together until it forms a thick paste.

Apply this paste all over your face and neck area and leave it on for at least 20 minutes and then gently rinse off this face mask with lukewarm water and immediately follow it up with a gentle and nourishing moisturiser.

Egg White, Aloe Vera, Castor Oil:

To the egg white, add about a teaspoon each of aloe vera gel and castor oil and then mix all the ingredients together and apply it all over your face and neck area in a thin, even layer.

Leave it on for about 20 minutes and wash it off with a gentle face wash and some cold water. Follow it up with your favourite moisturiser.

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Features

Confusion cropping up with Ne-Yo in the spotlight

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Ne-Yo: His management should clarify the last-minute cancellation

Superlatives galore were used, especially on social media, to highlight R&B singer Ne-Yo’s trip to Sri Lanka: Global superstar Ne-Yo to perform live in Colombo this December; Ne-Yo concert puts Sri Lanka back on the global entertainment map; A global music sensation is coming to Sri Lanka … and there were lots more!

At an official press conference, held at a five-star venue, in Colombo, it was indicated that the gathering marked a defining moment for Sri Lanka’s entertainment industry as international R&B powerhouse and three-time Grammy Award winner Ne-Yo prepares to take the stage in Colombo this December.

What’s more, the occasion was graced by the presence of Sunil Kumara Gamage, Minister of Sports & Youth Affairs of Sri Lanka, and Professor Ruwan Ranasinghe, Deputy Minister of Tourism, alongside distinguished dignitaries, sponsors, and members of the media.

Shah Rukh Khan: Disappointed his fans in Sri Lanka

According to reports, the concert had received the official endorsement of the Sri Lanka Tourism Promotion Bureau, recognising it as a flagship initiative in developing the country’s concert economy by attracting fans, and media, from all over South Asia.

Nick Carter: His concert, too, was cancelled due to “Unforeseen circumstances

However, I had that strange feeling that this concert would not become a reality, keeping in mind what happened to Nick Carter’s Colombo concert – cancelled at the very last moment.

Carter issued a video message announcing he had to return to the USA due to “unforeseen circumstances” and a “family emergency”.

Though “unforeseen circumstances” was the official reason provided by Carter and the local organisers, there was speculation that low ticket sales may also have been a factor in the cancellation.

Well, “Unforeseen Circumstances” has cropped up again!

In a brief statement, via social media, the organisers of the Ne-Yo concert said the decision was taken due to “unforeseen circumstances and factors beyond their control.”

Ne-Yo, too, subsequently made an announcement, citing “Unforeseen circumstances.”

The public has a right to know what these “unforeseen circumstances” are, and who is to be blamed – the organisers or Ne-Yo!

Ne-Yo’s management certainly need to come out with the truth.

However, those who are aware of some of the happenings in the setup here put it down to poor ticket sales, mentioning that the tickets for the concert, and a meet-and-greet event, were exorbitantly high, considering that Ne-Yo is not a current mega star.

We also had a cancellation coming our way from Shah Rukh Khan, who was scheduled to visit Sri Lanka for the City of Dreams resort launch, and then this was received: “Unfortunately due to unforeseen personal reasons beyond his control, Mr. Khan is no longer able to attend.”

Referring to this kind of mess up, a leading showbiz personality said that it will only make people reluctant to buy their tickets, online.

“Tickets will go mostly at the gate and it will be very bad for the industry,” he added.

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