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MPLRAG accuses Muslim MPs of stonewalling reforms to protect the rights of their women and children

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Muslim Personal Law Reforms Action Group (MPLRAG) on Friday (14) alleged that Muslim MPs continued to thwart attempts made to amend the Muslim Marriage and Divorce Act (MMDA) to protect the rights of women and children.

MPLRAG said in a letter dated 8 June 2023, 18 Muslim MPs had submitted recommendations in response to the Draft Bill on MMDA Reforms to Minister of Justice Wijeyadasa Rajapakshe.

Issuing a press release, it said, “The MPs’ recommendations categorically oppose all progressive reform reflected in the draft Bill, presented by the Ministry of Justice, based on the recent report of the 2021 Advisory Committee on MMDA Reforms. They even regress on progressive positions that were unanimously agreed on by all members of the previous 2009 committee headed by Justice Saleem Marsoof,” MPLRAG said.

The signatories to the MPs’ letter were A. H. M. Fowzie, Rishad Bathiudeen, Kabir Hashim, A. L. M. Athaulla, Naseer Ahamed, M.S. Thowfeek, Ishak Rahuman, Imtiaz Bakeer Markar, S.M. Marikkar, Marjan Faleel, A. H. M. Abdul Haleem, K. Cader Masthan, S.M.M. Muszhaaraff, Faizal Cassim, Ali Sabri Raheem, Imran Maharoof and M. Muzzamil.

MPLRAG alleged that the MPs recommend that the bride’s signature on the marriage register to have no value without a male guardian signing, denying women their autonomy.

The MPs have also recommended to maintain the Quazi system without any changes, including criteria and process for appointing Quazis, MPLRAG said.

“Among other recommendations are; exceptions to minimum age of marriage to allow under 18 year-olds to marry; rejection of equal divorce procedures and retaining the current highly discriminatory divorce system and procedures; rejection of new provisions (introduced in the draft Bill) for sharing of matrimonial property and securing the best interests of children; and maintaining the discrimination between different sects and madhabs (schools of jurisprudence) of Muslims in Sri Lanka,” MPLRAG said.

The organization said that there is a lack of consistency in Muslim MPs’ positions and that views expressed in their recent letter directly contradict the positions taken by many of the very same MPs, publicly, on 11 July 2019, in Parliament, when 12 Muslim MPs agreed that 18 would be the minimum age of marriage without exceptions; that the positions of Quazi and marriage registrar be open to Muslim women; that maintenance be decided by the regular courts; and that Quazis would have a minimum professional qualification of Attorney-at-Law.

“The new recommendations also contradict the endorsement by 13 Muslim MPs of the positions submitted by the predominantly male Muslim Civil Society Alliance, including the All Ceylon Jamiyyathul Ulama (ACJU) to the Ministry of Justice, on 18 November 2022. Again, there was agreement that the minimum age of marriage be 18 years that women may be appointed as Quazi, that signature of wali (guardian) be optional, thereby not invalidating a marriage simply because the wali does not sign, and that Quazis have at minimum the qualification of Attorney-at-Law. It appears that the Muslim MPs’ recent change of heart and mind has been facilitated by highly-private, exclusive deliberations that took place between the MPs and the ACJU in June 2023,” MPLRAG said.

They said the extremely conservative and discriminatory positions taken by the Muslim MP signatories undermine decades of work of women activists working under the harshest of conditions to bring to light the serious and harmful injustices that have occurred under the cover of the MMDA.

It also dismisses the work of six state-appointed committees of experts spanning a period of over 60 years. “The failure to respond to the real issues affecting the intimate lives of Muslim citizens is a reflection of narrow political self-interests rather than the wellbeing of Muslim communities. It is a disservice to the representative responsibility the MPs bear, especially to those most affected and suffering injustice, who are still waiting for relief,” MPLRAG said.



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Unions resist tripartite EPF management plan

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… warn of dire consequences

A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.

The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.

“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.

“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.

“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.

“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”

“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.

“Objections to the government’s tripartite proposal:

1. The “International best practice and conflict of interest fallacies”

The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.

These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.

2. Corporate captivity and bailouts

It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.

3. Risk of front running

“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.

4. Unavoidable loopholes

“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”

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Two arrest warrants issued for Gnanasara thera

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Galagoda Aththe Gnanasara

The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.

The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.

The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.

The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.

A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.

However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.

The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.

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CA dismisses GR’s writ petition against arrest

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Gotabaya

A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.

The writ petition was rejected in limine.

In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.

Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.

Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.

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