News
Reducing workplace sexual harassment: Three barriers and solutions identified
Verité Research’s Law and Governance Division hands over new report to Labour Ministry
Victims of workplace sexual harassment face three main barriers when seeking justice in Sri Lanka, according to a new study conducted by the Law and Governance Division of Verité Research. The report, titled ‘Sexual Harassment at the Workplace: Overcoming Barriers to Justice’, was handed over to the Minister of Labour and Foreign Employment Manusha Nanayakkara on Friday (01 Dec.).
Verité Research discussed the report’s findings with the Minister, emphasising issues in the legal framework and suggesting recommendations to address workplace sexual harassment. The think-tank also recommended enhancing and expanding protections against workplace sexual harassment by incorporating them into the ongoing draft Employment Bill, as part of efforts to expedite legislative reform.
The report draws from the diverse approaches taken by countries such as the Philippines, Peru, Japan, Mexico and Iraq to reduce sexual harassment in the workplace.
It identifies three barriers that need to be overcome:
1. The lack of an adequate legal definition on sexual harassment, despite disparate legislative provisions scattered across different laws.
2. Institutional barriers such as legal delays and high burdens of proof within the criminal justice system.
3. Entrenched cultural barriers and a lack of awareness, which further compounds the plight of victims.
The solutions recommended by the report include:
1. To adopt the internationally recognised definition of ‘violence and harassment’ at the workplace – this includes criminalising voyeurism and providing broader protections against sexual harassment that involves the use of digital or electronic media or images, audio, or videos that have sexual content.
2. To adopt civil legislative changes regarding employer liability for sexual harassment as a complimentary mechanism to the current criminal offense. Employers should be responsible for implementing a minimum set of measures to mitigate and address workplace sexual harassment – this includes internal complaint and inquiry mechanisms, as well as facilitating access to alternative dispute resolution.
3. To enhance education, training and awareness, for law enforcement agencies, in larger workplaces, through school curricula, and for the general public – the report outlines specific approaches that can be adopted for each of these categories.
Not only female victims
The report by Verité Research law and governance division also underscores that workplace sexual harassment extends beyond conventional gender boundaries in Sri Lanka. While women are particularly vulnerable, men as well as individuals with diverse gender identities are also vulnerable. Persons with disabilities, youth, migrant workers, and members of the LGBTQI (Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex) community in Sri Lanka, identified as minority groups, face a higher likelihood of victimisation in this regard.
The full report is available at: www.veriteresearch.org/wp-content/uploads/2023/10/20231031SexualHarassmentat TheWorkPlaceFinal.pdf
News
Prison rules to be revised over monks’ attire
Appointment of committee eyewash, says UNP
The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.
Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.
The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.
One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.
A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.
The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.
The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.
Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.
The proposed amendments have yet to be confirmed as formally implemented.
Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.
In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.
The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a
“complete eyewash” and questioned the need for such a move.
Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.
It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.
The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.
The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.
News
AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera
Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.
The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.
Following his withdrawal, a three-judge bench was appointed to hear the petitions.
The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.
In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.
Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.
Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.
News
Court orders steps to obtain INTERPOL Red Notice against Basil
The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.
The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.
The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.
The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.
Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.
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