Unequal Citizens: Muslim women’s struggle for justice and equality in Sri Lanka

Notes from the authors: About the study

As Muslim women working in the area of human rights and addressing gender-based violence, the primary motivation of the study is derived from the harsh realities experienced by the thousands of Muslim women in Sri Lanka. In our respective lines of work, we came across a number of instances of harrowing experiences of women under the purview of Muslim Marriage and Divorce Act (MMDA) of 1951 and Quazi court system that was set up to administer it. There are innumerable cases due to the law itself, the manner in which the law is implemented and the culture that the law has allowed to flourish.

We were moved by the distressing and confounding stories of affected women who share our faith, and their long struggles for justice and equality, that we were motivated to design and undertake a study that would further the understanding of the complexities within the Muslim community with regard to MMDA and reforms.

Recently, the MMDA reform discussion has gained greater traction among the Muslim community beyond the narrow confines of activists and conservatives. This in tandem with constitutional reforms process that Sri Lanka is currently undergoing and the discourse about aspiring for a ‘rights-based constitution’ has raised some critical questions with regard to what it means to be minority Muslim women in Sri Lanka. What effect and impact does the MMDA law and its implementation have on the lives of women who are governed by MMDA in country? Despite wide recognition of the shortcomings in the law and in its implementation, and despite dedicated efforts by many, why has reforms to MMDA been elusive to date?

In answering the above questions the study is structured in the following manner: Part 1 of the study sets out to analyze some of the main practical implications of the parallel legal system of marriage and divorce for Muslim women and girls. Part 2 gives an overview of some of the efforts made by civil society organizations in supporting women in addressing these issues and in working towards MMDA reforms. Part 3 assesses the main barriers and challenges that have been limiting reforms of the MMDA from taking place in the past 25 years in Sri Lanka, despite multiple national level attempts. And based on these findings, Part 4 of this study ventures to make some recommendations on MMDA related reforms, and also frames it in light of the present constitutional reforms process.

This study is timely given an opportunity to articulate demands of ‘equality’, in a climate of heightened attention on minority rights and rights as citizens. Discussion around the need to subject all laws including personal laws to the test of equality and judicial review by repeal of Article 16 (1), has also become a rallying point for addressing the negative impact of MMDA particularly on women and girl children.

This study is principally driven by the desire to change the status quo that is so damaging and detrimental to the everyday life of many Muslim women. This is inherently turning the inquiry inwards, to the community we ourselves belong to. And it is in essence our contribution at this time to the struggles of Sri Lankan Muslim women to be recognized as equal citizens in the country, with full guarantee and protection of our rights. We are grateful for the women and men who had given their time and shared with us their perspectives. We dedicate this study to our courageous Sri Lankan sisters, those who are struggling against injustices in their lives and communities and those who have dedicated themselves, against enormous odds, to work towards a better deal for women.

Impact of the Global Gag Rule on Women’s Health

The Global Gag Rule (GGR) is a U.S. foreign policy that – when enacted – prohibits foreign nongovernmental organizations (NGOs) that receive U.S. family planning funds from advocating for abortion or providing abortion as a method of family planning.

It does not prohibit activities around abortion in the cases of rape, incest, and life endangerment. However, it is unclear as to whether or not services are actually provided under the three exceptions.

The GGR – also known as the “Mexico City Policy” – serves as a barrier to a wide range of health services for women and girls globally.  It has:

  • Prevented women and girls from accessing contraception and safe abortion consistent with the laws in their countries
  • Been associated with increased abortion rates
  • Hampered HIV prevention efforts
  • Contributed to the closing of health clinics
  • Obstructed rural communities access to health care
  • The potential to negatively affect the speed and effectiveness of humanitarian aid.

This Policy brief from CHANGE (Center for Health and Gender Equality) outlines in more detail the global impact of the GGR on women’s health.

Impact of Fundamentalist Discourses on Family Planning Practices in Pakistan

Shirkat Gah – Women’s Resource Centre and the Asian-Pacific Resource and Research Centre for Women (ARROW)

Building New Constituencies for Women’s Sexual and Reproductive Health and Rights (SRHR): Interlinkages Between Religion and SRHR

Impact of Fundamentalist Discourses on Family Planning Practices in Pakistan

This document is a review that explores existing literature and feedback from experts and field practitioners to understand the impact of extremist and fundamentalist discourses on family planning in Pakistan. The study attempts to assess the effects of rejection and condemnation of family planning by religious authorities, and looks at their narratives against other efforts that have bolstered religious leaders’ endorsement for family planning.

The study aims to help development and human rights practitioners as well as general readers in identifying and mapping the implications of religious fundamentalist discourses on family planning access in Pakistan, and suggests entry points and opportunities for advocacy through a careful analysis of the evidence presented in the paper.

 

Religion, Women’s Health and Rights: Points of Contention and Paths of Opportunities

UNFPA and NORAD

This paper from UNFPA and NORAD seeks to inform Member States, civil society organizations, including Faith-based Organizations (FBOs) and the UN, among others, about the context and the nature of debates and different perspectives related to some particularly sensitive issues around sexual and reproductive health and reproductive rights. Its aim is the sustainability of efforts and the achievement of common ground among different actors to move forward gender equality and women’s human rights.

The document highlights (briefly) the solid basis of evidence that supports reproductive rights and the benefits that reproductive health can bring for all people. It sets these within the framework of international agreements and covenants. It then outlines areas of controversy, exploring the complex ways in which perceptions and practice link these controversies to cultural and religious beliefs. It highlights some of the specific approaches that are affirmed by leaders and scholars of several major religious traditions, and notes areas of internal debate and reflection. The final section highlights some noteworthy approaches and programs led by religious actors that demonstrate what can be achieved through partnership.

CSW Agreed Conclusions: Women, the Girl Child, and HIV/AIDS

The principal output of the Commission on the Status of Women is the agreed conclusions on priority themes set for each year.

This document is the Agreed Conclusions Women, the girl child and human immunodeficiency virus/acquired immunodeficiency syndrome from 2001 (45th session).

It covers the impact of HIV/AIDS on women and girls and suggests actions to be taken by states in order to empower women, create a prevention program and focus on healthcare, and ensure the complete treatment, care, and support needed by women and girls. It also calls for collaboration on the subject and asserts the need to eliminate gender discrimination globally.

CSW: Statement on Behalf of the Lesbian, Bisexual, and Transgender Caucus (2014)

This statement was delivered at at the Commission on the Status of Women (CSW), 58th session by Kenita Placide of United and Strong, Saint Lucia on behalf of the Lesbian, Bisexual, and Transgender Caucus.

The statement, which was endorsed by 76 organizations, reiterates that lesbian, bisexual, transgender, and other individuals with diverse sexual orientations face harm and violence across the world. It states that the guise of development is often coupled with negative impacts on these individuals and communities, and that states must come together to ensure development goes hand in hand with equality and the guarantee and protection of rights.

CSW: Statement on Behalf of the Lesbian, Bisexual, and Transgender Caucus (2013)

This statement was presented to the Commission on the Status of Women (CSW), 57th Session on the 11th March 2013 by Noelene Nabulivou Diverse Voices and Action for Equality, in Fijia.  The statement, endorsed by 89 organizations from 48 countries, reiterates the oppression faced by individuals of diverse sexual orientations and gender identities and calls for the protection and promotion of their rights. It notes that much of the violence inflicted on these individuals is justified in the name of tradition, culture, and/or religion, and calls for an end to the discrimination and violence as well as swift penalties for the violation of rights and perpetration of crimes.

Commission on the Status of Women: Beijing Declaration and Platform for Action

The Beijing Declaration, a landmark document in women’s rights, recognizes the inequality faced by women and stresses the necessity for the implementation of policies and programmes that strive to provide women with the rights they are entitled to, and to create a foundation for gender equality across all fields and issues.

Fulfil! A Guidance Document for the Implementation of Young People’s Sexual Rights

This resource is published by the World Association for Sexual Health (WAS) and the International Planned Parenthood Federation (IPPF).

With a comprehensive view of young people’s sexual rights, the document includes issues related to the diversity of sexual orientation, gender identity and expression, and sex characteristics among young people; and specific recommendations related to young LGBTI people.

Translating the sexual rights of young people into practice not only involves raising awareness among young people for them to claim their rights, but working with duty bearers, such as health providers, educators and policymakers for them to fulfil these rights in law and in services. As adolescence is a time of gradually gaining responsibilities, implementing the rights of adolescents specifically involves a dynamic process of striking a balance between protecting them while respecting their autonomy and promoting their empowerment.

Fulfil! was written with the input of a large group of experts from the human rights, sexual and reproductive health and youth communities. It addresses critical opportunities to implement young people’s sexual rights in a global context and provides specific guidance for policy makers, health providers and educators.

CEDAW Committee: General Recommendation No. 19 on Violence Against Women

This General Recommendation by the CEDAW Committee highlights that violence against women is a form of discrimination and negatively impacts women globally.

The Committee reminds states of their obligation to eliminate this gendered violence and examines specific articles within the Convention towards the elimination of violence against women. It also makes specific recommendations to states to guide them to meet their obligations and achieve the means by which violence against women can be eliminated.