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Time to air more views
The new govt. has decided to support the proposed Women's Rights Bill. Feizal Samath reports
Concerned women's groups welcomed a draft Bill on Women's Rights last week but raised several issues relating to its proposals and suggested the need for changes including a more simplified version.

"As a lawyer, even I couldn't understand some of the provisions," noted a women's activist at a discussion in Colombo organised by the Legal and Constitutional Unit of the Centre for Policy Alternatives (CPA).

A welcome bit of news came from officials of the Ministry of Women's Empowerment and Social Welfare and the state-run National Committee for Women (NCW) who said the new government had agreed to support the bill initiated by the former regime.

The deadline for the receipt of public submissions on the draft bill, which was earlier scheduled for end April, has been extended to end May. It may be extended till June to give the public more time to respond to an important piece of intended legislation. Ministry officials agreed to run a public notice in the media regarding the new deadline for submissions on the bill.

The 20-odd participants also welcomed the UPFA government's decision to proceed with a proposed bill presented by the UNP - instead of the usual practice of undoing the work of an earlier government.

Indrani Iriyagolle, former chairperson of the NCW, listening to constructive criticism on the contents of the bill that came into the public domain only in the first few weeks of March prompting some activists to charge that this was a pre-election stunt, welcomed the comments and said the reason why public representation was required was for a public critique of the bill. "I am glad we are having this discussion and discussing the contents of the bill," she said.

The proposed Women's Rights Bill provides for the setting up of a commission for women and a women's advisory council for the "protection, promotion and advancement of the rights of women in Sri Lanka."

An interesting passage in the bill in the section on Women's Rights ensures that, "women shall enjoy equal rights in all areas of private life including right within the family and their private lives, and the right to control their bodies and rights relating to child birth." This section encompasses the rights of a woman to decide on abortion, a touchy issue in Sri Lanka.

The bill has wide ranging provisions for the protection of women from sexual harassment in the workplace, against discrimination, equal opportunities and the right to equal ownership of land including state land among other issues.

The proposed commission can investigate complaints, summon witnesses, including anyone from the private sector, and order penalties through the Supreme Court for violations under the Act.

CPA's Bhavani Fonseka asked why women-specific violation complaints should be referred to the Human Rights Commission or other mechanisms when it could be dealt with by the Women's Commission.

Sunila Abeysekera, head of INFORM, said there have been many women's issues raised over the years particularly campaigning for divorce rights, liberalisation of abortion laws, for marital rape to be recognised as a crime, criminalisation of domestic violence and inheritance and property rights. She posed the question as to whether this bill deals with all these issues while noting that the Women's Charter was more clear about violence against women and on rights.

Iriyagolle gave a detailed background of the bill, the constraints and impediments, and noted that wider representation on the advisory committee was sought to provide a voice and forum for marginalized groups like the migrant worker, the garment factory worker, young entrepreneurs, etc. She pleaded with activists to carry this piece of legislation forward with whatever amendments necessary. "We have come this close. Don't let it get lost," she added.

Activists like Manel Abeysekera, former NCW chairperson, and law expert Mario Gomez said they felt the bill was difficult to comprehend and urged that it be made straightforward and simple. "There is a lot of legalistic jargon. People won't be able to understand enough to make comments," said Gomez.

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