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Civil activists disappointed with new govt’s report on women’s’ rights presented at the UN
View(s):By Tharushi Weerasinghe
Last month, Sri Lanka presented its ninth periodic report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) where the progression and regression of women’s rights in the country were discussed and advised upon.
The presentation has received mixed reviews with civil society representatives who attended the sessions in Geneva noting that the report ignored some poignant women’s issues in the country.
“We expected that as a new government and as the first interaction of the new government with an international body, the state would at least try to acknowledge the structural problems that women are facing daily in Sri Lanka, but we were severely underwhelmed,” said Menasha Samaradiwakara, from the Women and Media Collective.
She felt that the govt. overstated the power of the Women Empowerment Act, which Ms. Samaradiwakara noted does not reflect the level of control in reality. She added that there was an “extreme degree of exclusion of civil society organisations and a continued hesitance to meet with stakeholders.”
Authorities, however, felt significant progress had been made since Sri Lanka’s last presentation to CEDAW in 2017. “The legal age of marriage under Kandyan Law was raised to 18 in 2022, removing a clause that allowed minors to marry with parental consent,” said an official from the Women and Child Affairs Ministry. She also mentioned that a proposed amendment in 2023, aimed at securing inheritance rights for widows under Kandyan Law, had received cabinet approval but could not proceed due to procedural delays.
A bottleneck at the Legal Draftsman’s office, which was “overwhelmed and understaffed,” compounded by the previous administration’s push to pass over 60 laws, slowed the progression of the Muslim Marriage and Devource Act (MMDA) reforms that had also received cabinet approval last year. These reforms included raising the legal age of marriage to 18, with exceptions involving parental consent; appointing women’s quasis; ensuring that qualifications for appointees were determined by the Judicial Services Department; mandating marriage registration; and prohibiting marriage during the mourning period. “I believe these reforms reached this stage under the previous administration partly because of conditions tied to IMF negotiations, which is the furthest they have progressed,” she noted.
She said however there is once again hesitation to move forward due to different segments of the Muslim community have differing views, making consensus challenging. “The Ministry is hesitant to interfere with personal laws or faith-based practices unnecessarily due to the risk of intercommunal tensions—but we are open to creating an open forum where stakeholders, including activists, politicians, religious leaders, and legal practitioners, can come together and find common ground,” she said.
“The government cannot always rely on the community’s comfort to reform the MMDA —you can’t be checking how a community feels about child marriage. At the end of the day protection of women and children is a state responsibility.” noted Nabeela Iqbal of the Women’s Action Network.
She held that while consensus was important, it required political leadership. “Muslim male MPs have failed here because the issue is always framed as a Western, non-cultural narrative instead of building confidence within the community on the simple reality that the more children can go to school, the more women can make decisions – equality in society starts in the family.”
“They barely mentioned the draft amendment bill during CEDAW sessions,” she added. She felt that the acknowledgement of discrimination faced by Muslim women due to the MMDA was treated as an afterthought, only addressed when raised during questions.
“When asked about statutory rape, the government delegation simply stated that it was illegal to have sexual relations with anyone under 16—without acknowledging the exclusion of Muslim girls from this protection—until a committee member questioned them on it.” She pointed out that while such meetings have taken place before, the process remains exhausting. “Every time the government changes, we have to start the lobbying process all over again.”
Beyond legal reform, she highlighted how discrimination against visibly Muslim women plays out in everyday life. The denial of exam results to hijabi girls, over their attire last year, she said, was just one example. “These narratives played damaging roles during forced cremations and after the Easter Sunday attacks. There’s a stereotype that Muslim women are backward, which doesn’t help at all. We are stuck in a cycle, and society functions within that context.”
Women advocating reforms also face mounting pressure, particularly from coordinated online attacks. “These almost always come from perpetrators outside the country. The online hate is relentless.”
She emphasised the need for civil society involvement in shaping policy. “We want an invitation to be part of the process because we work in these gaps and need the government’s support to build consensus.”
She added that Women and Child Affairs Minister Saroja Paulraj, who presented the report, had agreed to meet with them after the sessions—“which we would welcome.”
The February 2024 CEDAW Concluding Observations for Sri Lanka highlight achievements such as the Women’s Empowerment Act No. 37 of 2024, the National Action Plan on 1325 on Women, Peace and Security, the National Policy on Gender Equality and Women’s Empowerment, and the National Action Plan to address Sexual and Gender-based Violence (GBV). The CEDAW Committee emphasised the need to establish the National Commission on Women, increase women’s participation in politics, address issues faced by disabled women, repeal discriminatory laws like the Vagrants Ordinance, and implement the mentioned action plans.
Responding to questions by the Sunday Times the United Nations Population Fund in Sri Lanka stated that despite progress made, the need for political will to address gender inequality and discrimination is evident, and implementing the CEDAW Observations is key to advancing the goals of gender equality. The establishment of the National Women’s Commission is a key priority, the UNFPA noted adding that once set up, the UNFPA will provide technical support to the Commission in carrying out its tasks.
Another recurring issue, even where the commitments to the Sustainable Development Goals were considered, is the lack of data. “A key priority for the new government should be strengthening data systems for evidence-based policymaking, particularly in advancing women’s empowerment,” the UNFPA stated.
The Sri Lanka Strategy for the Development of Statistics (SLSDS), developed by the Department of Census and Statistics with support from UNFPA Sri Lanka and the World Bank, aims to improve data accuracy, governance, and coordination. With outdated data limiting decision-making, the 2024 Population and Housing Census, along with surveys like the Demography Health Survey (DHS) and National Youth Health Survey, will be crucial in providing gender-disaggregated data to support policies on ageing, low fertility, and gender disparities, ensuring responsive national strategies for women and girls. The UNFPA also noted that it was committed to supporting the government in using these data to design gender-transformative policies that promote inclusion, economic participation, and equitable opportunities.
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