Women empowerment, gender and equality

By Zanita Careem

Ambika Satkunanathan is a human rights advocate based in Sri Lanka. For more than twenty years she has worked with persons and communities impacted by human rights violations, and assisted them with accessing remedies. From Oct 2015 to March 2020, she was a Commissioner of the Human Rights Commission of Sri Lanka, where she led the first ever national study of prisons. Prior to that foreight years she was a Legal Advisor to the UN Office of the High Commissioner for Human Rights. 
 She is a board member of the UN Voluntary Trust Fund for Victims of Torture, a member of the Expert Panel of the Trial Watch Project of the Clooney Foundation and a member of the Network of Experts of the Global Initiative Against Transnational Organised Crime. 
 Her research, advocacy and activism have focused on counter-terrorism law and policy, drug control and rehabilitation, transitional justice, custodial violence, penal policy, militarization and gender. Her research on drug control, detention and rehabilitation in Sri Lanka, the first such study, was published in August 2021 by Harm Reduction International. She is currently working on recording the experiences of women who come into conflict with the law due to drug offences. 
 Her publications include contributions to the International Journal of Transitional Justice, the Oxford Handbook of Gender & Conflict, the Routledge Handbook on Human Rights in South Asia, Feminist Studies and Contemporary South Asia. 
 She is Chairperson of the Neelan Tiruchelvam Trust, a local grantmaking organisation in Sri Lanka and was a founder member and Vice Chairperson of Urgent Action Fund- Asia and Pacific, a feminist regional grantmaking organisation.
 She was an Open Society Fellow from 2020-2022. She has a B.A. and LL.B from Monash University Australia and a LL.M from University of Nottingham, where she was a Chevening Scholar.

Could you tell us about you and some of the early influence in your life?

My experiences as a Tamil in Sri Lanka influenced the way I engaged with the world and drove me to work in human rights protection because I became aware of discrimination, violence and prejudice even as a child. As I grew older, as a woman, I experienced different forms of discrimination and prejudice that women generally face, which were worsened by my ethnic identity. This point at which both my identities intersected, and where I was exposed to the violent and ugly side of humanity is where what I believe something positive- my work, values and activism- were born.

Tell us about your most inspiring moments in your work so far?

In the kind of work I do, what I find most inspiring are the people that despite being subject to discrimination, loss, violence and pain, continue to struggle for their rights and that of others; those who continue to be humane despite the inhumane way in which the world has treated them.

What do your experience as the main challenge as someone working on human rights. And how do you deal with obstacles in your work?

The main challenge persons working on human rights protection face is the state/government viewing persons who work on human rights as enemies and threats to their power, and constantly trying to intimidate and/or discredit them and curtial and/or undermine their work.

The lack of viable, substantive and holistic remedies for persons who experience human rights violations is also a considerable challenge. Even the remedies that do exist, such as filing a fundamental rights petition in the Supreme Court or complaning to the Human Rights Commission of Sri Lanka can take months or even years, and even when a remedy is granted, it does not address all aspects of the violations experienced.

Not surprisingly, the various difficulties faced in supporting victims of human rights violations and assisting them to obtain remedies as well as challenging abusive state power can lead to feelings frustration or dejection. Personally, as a Tamil woman working on human rights I have often been labelled a terrorist, LTTE, anti-national, traitor and subject to gender-based online abuse, vilification and harassment.

One of the ways to deal with these obstacles is through collaborative work, partnerships and networks, and sharing resources. The other is long-overdue state reform, including reform of institutions such as the police. Human rights activists can advocate for such reform but it requires political will and progressive vision, which to date is sorely lacking in Sri Lanka. Another means is to step up and support those that are being attacked for the work they do or because of an aspect of their identity, such as LGBTIQ persons.

Your news on women empowerment bill, gender and equality Bill. Will these bills implement concrete actions to amplify women’s voices. There had been a national policy on women’s empowerment since 1911 your comments?

Many provisions of the Gender Equality Bill and the Women’s Empowerment Act give the appearance of sections of national action plans that have been turned into law. For instance, what is the purpose of making the appointment of focal points, which is an administrative function, a provision in a law? Furthermore, women’s groups and activists have stated they were not consulted on the gazetted version of the laws. Hence, the lawmaking process seems haphazard, was lacking in transparency and was not inclusive. The President’s remarks in parliament about the Supreme Court determination on the Gender Equality Bill where he stated that a parliamentary committee should be appointed to review the determination seems like an attempt to control judges and threatens the independence of the judiciary. Although the Suprene Court determination is problematic and not progressive, the executive undermining the independence of public institutions, particularly the judiciary, will only further erode the rule of law and democracy in Sri Lanka.

Enacting laws or establishing commissions or institutions will not magically lead to gender equality or women’s empowerment. To achieve gender equality, we need to acknowlege the patriarchal nature of Sri Lankan society and address misogyny, sexism and discrimination structurally and socially. This means we must address it in the family, school, universities, workplaces and particularly public institutions and systems.

Most importantly, do not forget that every right the government undermines, also undermines the rights of women and their safety and security. Every government attempt to undermine the rule of law, also adversely impacts women. Therefore, enacting these laws, while undermining the rule of law and public institutions and enabling violence by state entities, such as the police, is farcical and will only further undermine the rights, security and well-being of women.

Human rights remains a issue not only in Sri Lankan but all over the world. What is your assessment of the situation?

As you rightly say, human rights are under threat globally and the international legal order is being attacked and undermined. Sri Lanka is complicit in this as much as global powers, such as the US. What the detractors of the international legal order do not seem to understand or perhaps do not care about is that respecting the international legal order, international human rights standards and international processes, such as the UN processes, creates safety for all of us. Yet, the reality is that generally states do not like to be held accountable and go on the offensive when challenged, particularly in international fora as they feel being held accountable is a loss of face. States also weaponize human rights against certain countries and contexts and countries often point to other states that flout international law to justify their own violations. None of these positions are valid or viable. As I say, this is not a race to the bottom and you cannot claim the protections that international law affords only when it is expedient because then others will do the same and the result will be anarchy.

Specifically what are the main problem areas of human rights in Sri Lanka?

We have a government that does not respect the rule of law – for instance, police officers engaging in torture and the government and other state entities ignoring Supreme Court judgments and determinations is quite common. This further entrenches impunity and enables the government and state entities to abuse their power and continue to committ human rights violations. There is lack of trust in public institutions due to successive governments undermining their independence and policitising them.

Corruption is another critical issue that needs to be addressed. Repressive laws that do not adhere to international human rights standards, such as the Prevention of Terrorism Act, the Vagrants Ordinance, the Online Safety Act and provisions that criminalise same sex relations remain on the statute books.

Fifteen years after the end of the war a political solution to the ethnic conflict is elusive, and those responsible for war time violations have not been held accountable. Instead, war affected populations in the North and East, such as the families of the disappeared that demand truth and justice are surveilled, intimidated and harassed. This year families of those killed during the last stages of the war were not even allowed to hold ceremonies to remember the dead.

Socio-economic rights are also human rights- hence there are many violations that are taking place, including due to the economic crisis, such as the loss of livelihood, increasing poverty, malnutrition and reduced access to health care and education. The position of social groups that have been marginalised and discriminated against, such as persons with disabilities, LGBTIQ persons and Muslims and Malaiyaha communities remain largely unaddressed.

What are the main changes you like to see in the world particularly in relation to women and their rights?

I would like to see a world that is not patriarchal, sexist or misogynist- in which women do not have to constantly struggle to be seen, respected or heard. A world in which they are equal and have the choice to make decisions about their bodies and their lives, without being criminalised, abused, vilified, ridiculed or controlled.

ambikasat@gmail.com