| President thinks Election Commission not necessary | |
 
The President was responding to a question asked by one of the newspaper editors, who had queried whether the Election Commission would be appointed before the Provincial Council election in the North, which is scheduled for September this year. A pertinent question, indeed! However, the sad thing is that none of the media heads who were present voiced the other important follow-up question: Isn't it a constitutional requirement under the very Constitution that Rajapaksa was sworn in as the President of Sri Lanka that the Election Commission be established?
The job of the President, after all, is to implement his mandate, subject to the Constitution and the limitations that are laid therein, and interpreting the Constitution, which is the prerogative of the Judiciary, is not his job.
Chapter XIV A of the Constitution sets out the provisions pertaining to the Election Commission. The relevant constitutional provisions state:
103. (1) There shall be an Election Commission (in this Chapter referred to as the 'Commission') consisting of five members appointed by the President on the recommendation of the Constitutional Council, from amongst persons who have distinguished themselves in any profession or in the fields of administration or education. The President shall on the recommendation of the Constitutional Council, appoint one member as its Chairman.
(2) The object of the Commission shall be to conduct free and fair elections and Referenda.
(3) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is, or becomes, a Member of Parliament, a Provincial Council or a local authority, or is appointed a judicial officer or public officer, or enters into the employment of the State in any capacity whatsoever.
(4) The provisions of the Constitution and any other law relating to the removal of judges of the Supreme Court and the Court of Appeal from office shall, mutatis mutandis, apply to the removal of a member of the Commission from office.
In addition, the 17th Amendment to the Constitution and the subsequent 18th Amendment, which weakens the provisions of the 17th Amendment, set out the procedure for the appointment of the president and commissioners to the Election Commission and to a host of other independent commissions, outlined in the Schedules I and II of the relevant amendment.
Bottom line
The bottom line is that the appointment of the Election Commission is a constitutional requirement, set out in the very Constitution by which Mahinda Rajapaksa was sworn in, and pledged to protect. However, the manifest reluctance on the part of the President to appoint, let alone strengthen, the independent commissions is also disingenuous. He tells one thing to the gullible local audience (No, I do not refer to the particular breakfast meeting) and tells the polar opposite to the international community, especially to those crusading diplomats representing advanced democracies.
In fact, President Rajapaksa, in a previous meeting with Secretary General of the Commonwealth, Kamalesh Sharma, had agreed to cooperate with the Commonwealth Secretariat and obtain its assistance to 'upgrade the current Election Commission to Grade A, in order to make it more independent .'
This is what Secretary General Sharma said at the media conference, held at the end of the Commonwealth Ministerial Action Group (CMAG) meeting. He was responding to Frances Harrison, who asked at what point he would feel it was appropriate to stop using his good offices to engage with Sri Lanka.
Kamalesh Sharma: My present experience is I do not anticipate that, that point is likely to be reached because of all the cooperation which I am getting and all the fields that we are engaged in.
These fields are in human rights execution; we are trying to upgrade the Election Commission to Grade A to make it more independent. The menu for working with them is emerging in a way that I expect, that there will be progress, going forward, rather than a sense of disappointment. Poor Sharma is defending the Sri Lankan Government before the international press corps, without knowing he had been taken for a ride in Colombo.
Double talk counter-productive
Such double talk on the part of the government is counter-productive and only fosters the negative reputation the current regime already has for giving empty promises to the international community. Sri Lankans are the immediate victims. The supremacy and the will of the people, which has been, in theory, enshrined in the Constitution is observed in breach. In reality, the supremacy of the people has been hijacked by the Executive President, who had tampered with the Constitution and suspended the provisions that were detrimental to the exercise of his whims and fancies.
Three years back, during that unholy rush to pass the farcical 18th Amendment, the government apologists argued, it would simplify the process of appointing the commissioners to the independent commissions. Earlier, a disagreement over the appointment of the minor party nominee to the Constitutional Council delayed the appointment of the Council, causing an impasse that questioned the practicality of certain provisions of the 17th Amendment in Sri Lanka's bitterly divisive political environment.
However, in reality, the 18th Amendment removed the mandatory term limits of the Presidency and also set up a sham Parliamentary Council, in place of the Constitutional Council – which was mandated under the 17th Amendment to make appointments to the independent commissions and other independent institutions.
However, in contrast to the unholy hurry in the passing of the 18th Amendment , the President, who since then, has been indulging in the untrammeled powers vested on him under the 18th Amendment, had done precious nothing to appoint the independent commissions, including the Election Commission. Worse still, the commissioners he appointed to the 'so-called' independent commissions such as the Bribery Commission and the National Human Rights Commission, exercising the discretionary powers vested on him under the 18th Amendment, have greatly eroded the integrity and the independence of those Commissions. That explains why the National Human Rights Commission, which has its accreditation to the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights downgraded since 2007, has become an apologist of the current regime's rights violations.
Former Chief Justice, Dr. Shirani Bandaranayake, has accused some members of the Bribery Commission of bias.
Those independent commissions had been incorporated in the Constitution in order to protect the general public from the abuse of power by our own elected representatives and other authorities. In their absence, we are the immediate victims.
However, in the long run, rulers who come to think themselves as the State would fall victims of their arrogance. One such despot was finally dug out from a rabbit hole in an Iraqi village, where he was hiding, while another was allegedly sodomized on camera with a handgun during his brief arrest, which ended with his murder by his own countrymen in Tripoli. A third is now defending himself in a court in Cairo.
Not long ago they also thought they were the State. | |
Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam
A Brief Colonial History Of Ceylon(SriLanka)
Tuesday, April 30, 2013
“Unified Tamil Power Will Influence The Course Of Events In The Indian Ocean Region” Rudrakumaran Tells TGTE Gathering In Canada
Highlights of the TGTE’s annual event in Toronto, Canada , by Usha S Sri-Skanda-Rajah-April 30, 2013 |
Rudrakumaran
“Presently, the international powers view the Tamil national issue as
having three vantage points involving Sino-Indian-Sri Lankan geo-strategic interests. We hope by mobilizing Tamils across the globe, we can add our fourth unified vantage point, moving from a triangular to a quadrangular framed issue, enabling us to influence the course of events in the Indian Ocean and in the South Asian geo-political stage in a meaningful manner,” said Visuvanathan Rudrakumaran, stressing the importance of the enormous impact the Tamil Eelam Freedom Charter will have, “serving as a catalyst,” towards unifying all Tamils beyond party and group affiliations,” as well as changing events in our favour in the region.
Rudrakumaran the Prime Minister of the Transnational Government of Tamil Eelam (TGTE) was speaking at the annual TGTE event in Canada held at the Scarborough Convention Centeron Saturday 20thApril 2013 where Human Rights, a UN monitored International Protection Mechanism for the people of the NorthEast and the Tamil Eelam Freedom Charter took centre stage.
Addressing the guests via Skype, Rudrakumaran underscoring the need for a convergence of the interests of democratic powers and Tamil political interests said, such a move would be of mutual benefit to the parties concerned: “Asiahas become the most important political geography in the 21st century. President Obama’s policy of “Pivot toAsia” highlights this. As observed by diplomats and geo-political experts the island of Sri Lanka is strategically situated in the Indian Ocean. As we stated in our Advisory Committee Report published in 2010 March that the TGTE is conscious of the strategic location of the island of Sri Lanka in the Indian Ocean and the geo-political situation inSouth Asia and elsewhere in formulating its political strategies. We believe that the Tamil political interest and the geo-political interests of the democratic powers can intersect and thrive,” Rudrakumaran said.
With more than 700 guests in addition to a number of dignitaries gracing the occasion, the event was a significant occasion ahead of the promulgation of the Tamil Eelam Freedom Charter.
Prof. Theodore Orlin, Professor of Public Law at Utica College delivered the keynote speech. Mrs. Usha S Sri-Skanda-Rajah, chair of the TGTE Senate welcomed the guests. Professor Joseph Chandrakanthan, Dr Zulfika Sithy, Ms Rathika Sitsabaiesan MP,Jim KarygiannisMP, Mayor Frank Scarpitti, Councillor Logan Kanapathi, Councillor Raymond Cho and Amnesty International’s John Argue were guest speakers.
Prof. Orlin in his keynote speech spoke on the UN resolution against Sri Lanka at the 22nd Session of the UN Human Rights Council entitled The UN Resolution and the Condemnation of Sri Lanka: “The UN resolution was an important statement of global rejection of Sri Lanka’s policies with 25 states bringing to the world’s attention that violations of human rights have and are being perpetrated. The fact that 13 states voted ‘no’ also was a confirmation of the difficult situation since many of the states who opposed the resolution have reputations of a poor human rights record…. The resolution was not significantly strong especially since it did not call for a independent international investigation, nonetheless it did note that the Office of the High Commissioner for Human Rights called for such an effort and noted that violations are going on inSri Lanka now. This puts Sri Lanka on notice that it must meet the expectations of the resolution. in carrying out investigations and restore civil society in the North/East regions – this is important - if there is ‘peace’ in Sri Lanka (as the government claims) there should be no need to deny the human rights and dignity of its people,” Orlin said.
Both Mayor Frank Scarpitti and Councillor Logan Kanapathi were recognized, “for their outstanding leadership, service to the community and unstinting support for human rights,” in passing a resolution in the City of Markham on 14th April 2009 requesting, “the Federal government to undertake an investigation of possible human rights violations and genocide in Sri Lanka and to undertake any actions deemed appropriate relative to this matter and asking that a copy of this resolution be forwarded to the then Federal Minister of Foreign Affairs Lawrence Cannon and all Local Members of Parliament,” Markham Council being the first and only Council doing so at the height of government shelling against Tamil civilians in the Vanni.
Mr. Shean Sinnarajah, deputy Minister for Information and coordinator for the TGTE Youth Caucus explained the activities of the Youth Caucus world wide.
A pictorial exhibition on Tamil History, the Tamil Kingdom, Tamil Self-Rule, The Tamil Freedom Struggle, the Right to self-determination under United Nations Treaties and Declarations, Tamil Genocide, Sri Lankan Military Occupation of Tamil Eelam, Nepotism inSri Lanka, Call for Intervention by UN and the International Community and the Student Protests etc., was a special feature of the event. The material for the exhibition was researched and compiled by Mr. Eliathamby Logeswaran.
A repertoire of dances was performed by Yalini Rajakulasingam, Prem Gopal and students of Mrs. Nirothini Pararajasingam.
The Tamil Eelam Freedom Charter it was announced will be promulgated on the 18th of May 2013 at an international conference under the auspices of the TGTE, titled: ‘Chartering Freedom through the Rough Seas of Geo-politics’, slated for the 15th – 18th of May at the historic Thaddeus Stevens Center in Lancaster, Pennsylvania, USA.
‘Rally for Unity’, a March towards Reconciliation
Kamaya Jayatissa-30 Apr, 2013
It is often the case that a nation which experienced a protracted war will tend to look forward rather than backward. For Sri Lankans, over the years, the war became a part of their lives, and survival a part of their routine. In such a context, healing becomes a lengthy and culturally-bound process. Though some may find it difficult to achieve, such process cannot be understated or underestimated when it comes to building a deeper unity, thus a sustainable peace for Sri Lanka. But how many of us really took the time and space to actually forgive and heal from a war that scattered a whole nation for over three decades, leaving behind scars that are still visible from the outside. How many of us actually grasped the opportunity to make a change?
Last Sunday, April 28th, marked a turning point in building such unity when a “voluntary movement of concerned Sri Lankans from various institutions, professions and industries” organized ‘Rally for Unity – Hate has no place in Sri Lanka’, a non-partisan anti-racism march for the promotion of ethno-religious harmony. Hundreds of people gathered for the occasion near the Nelum Pokona, in Colombo, irrespective of their political affiliation, ethnicity or religion. Holding banners in all three languages they began a peaceful protest, which in only two hours, brought together protestors from various backgrounds and affiliations. From politicians to members of the Clergy or diverse faiths, from students to civic society; they all gathered as one.
These peaceful protestors reminded us that although some may believe that it is their right to freely express themselves without any restraint whatsoever, one should always keep in mind that one’s freedom stops where someone else’s freedom begins (from the French proverb “La liberté des uns s’arrête là où commence celle des autres”). This means that freedom is being able to do anything that does not harm other members of a society who have the same rights. This was expressed in Article 4 of the French Declaration of Human Rights (1789):
This was later on confirmed in Article 29 II of the Universal Declaration of Human Rights (UDHR) which states that:
This awareness campaign against hate-speech and against the marginalization of minority communities in general was the opportunity for all communities, both the majority and the minorities, to peacefully express themselves as one voice, the voice of unity and of diversity. But most importantly, it was the opportunity for the younger generation to stand up for what they believe was right and say out loud, as could be seen on their banners, that ‘Racism stops with me’. Such campaigns are not only inspiring but they also give back hope by showing that the moderates will not remain silent any further when witnessing talks or acts of hate speech against a members or a member of any community.
This Sunday’s ‘Rally for Unity’ was not merely a march against racism. It is indeed the starting point of a march towards reconciliation, a march for equality, freedom and co-existence between communities that are still healing from decades of war. It is thereby a response to some of the long standing challenges faced by the country in its post-war era and mostly a response to the recent incidents promoted by ethno-religious fundamentalists. By starting this movement, which hopefully will inspire many and generate similar events island-wide, the Sri Lankan youth successfully opened an alternative space for a peaceful ethno-religious dialogue; a space which is both independent and inclusive enough to be in its own way disconnected from the State apparatus. Developing such a creative and critical thinking is an achievement that needs to be taken into account in times of crises. So far, such a space was barely available for people to express themselves freely, without any fear.
The challenge for the younger generation now remains in maintaining this space by strengthening, on a long term basis, their commitment to values such as pluralism and equality; enlightened values that will help forge a more united Sri Lanka.
Indo-US manoeuvrings impact TNA's political future
[TamilNet, Sunday, 28 April 2013, 23:30 GMT]
The sophisticated competition between the Establishments of the USA and India in winning Colombo to their side exploiting the plight of the genocide affected nation of Eezham Tamils, has resulted in divisions among the constituent parties of the Tamil National Alliance. The exploitations now revolve around the provincial council elections. Informed sources said that EPRLF Varathar-wing has been recently consulted by New Delhi. Likewise, the son of the late SJV Chelvanayakam and a son of the late A. Amirthalingam have also been consulted by India to back up the ITAK faction that has been aligning with India. Informed circles further told TamilNet that the US officials have been disappointed with the ITAK alignment with New Delhi. In the meantime, US officials have stepped up their engagement in Jaffna, eyeing the developments within the former High Security Zone that is being converted into a Sinhala Military Zone (SMZ).
Protests are encouraged, but whether they would serve Tamil interests or the bargaining interests of the powers with Colombo, wonder Tamil circles in the island.
India, China and the USA have been competing to gain access to the SMZ. Sinhala militarisation of the country of Eezham Tamils is not their problem. They all want the militarisation, but who gets the benefits is their problem, commented political observers in Jaffna.
Meanwhile, the competitions in capturing Tamil polity and in finding convenient personalities ‘to devolve power’ result in causing crisis within the TNA, news sources said.
On Saturday, one of the parties in the TNA alliance, the Tamil Eelam Liberation Organisation (TELO), led by Selvam Adaikkalanathan MP, resolved to give two weeks time for the unity efforts now being facilitated by Mannaar Bishop Rt. Rev. Dr. Rayappu Joseph.
The TELO was seeking a fresh Memorandum of Understanding (MoU) for the future TNA, which should be a registered body, the TELO said in a statement released on Sunday.
If the unity effort is going to fail, TELO, joining hands with EPRLF led by Suresh Premachandran, PLOTE led by T. Sitharthan and the TULF led by V. Anandasangaree would be taking steps to register the TNA, the statement further said.
The reaction from the TELO, reflecting the sentiments of EPRLF (Suresh) wing has its origins from the arguments put forward by ITAK stalwarts that ITAK should have a dominant role in the functioning of the TNA.
Meanwhile, informed sources told TamilNet that the four parties are to meet on Monday to discuss the future.
At the same time, Mr. R. Sampanthan has also responded to media reports.
“There is much speculation in the media, some of which is unfortunately mischievous in regard to dissension within the TNA,” Mr Sampanthan told the gathering at late Mr.S.J.V.Chelvanayakam memorial event held Friday evening in Colombo, hinting at the reports that have appeared in local media.
“I wish to categorically state that there is no dissension whatever, within the TNA on any matter of policy, pertaining to the future of the Tamil people. Every constituent party of the TNA is committed to unitedly working towards a future for the Tamil people marked by equality, self-respect, dignity and the fulfilment of their legitimate aspirations. We are a political formation that functions on the principles of democracy and we are confident that all of us have the commitment and the capacity to resolve any differences pertaining to our internal matters ourselves, in a manner acceptable to all of us without playing into the hands of opponents primarily interested in damaging the future of the Tamil people”, Mr Sampanthan has claimed.
Basil wants 15,000 trainee graduates to undergo ‘leadership training’ by SL military
[TamilNet, Monday, 29 April 2013, 23:08 GMT]SL presidential sibling and Economic ‘Development’ minister of Colombo, Basil Rajapaksa has instructed his officials to send 15,000 graduates, who were employed as ‘trainees’ under his ministry in 2012, for a 2-weeks obligatory ‘leadership training’ with the Sri Lankan military this year. As the new students to the universities who fail to attend the military programme losing their university education, the graduates employed as ‘trainees’ are at the risk of losing the opportunity for permanent employment if they refuse to attend the leadership training by the SL military, civil sources in Colombo said. The training for the first batch is to commence on 08 May at Oluvil, Vavuniyaa and Anuradhapura.
Followed by the trainee graduates under the SL development ministry, more than 50,000 graduates, recently employed as trainees in the public sector would be subjected to undergo the same ‘leadership’ training with the SL military.
All the trainee graduates, except the pregnant mothers, are to be instructed to take part in the obligatory training programme, the sources further said.
Shirani, Vijitha & Sambanthan noticed
TUESDAY, 30 APRIL 2013
The Supreme Court issued notice today (30th) on former Chief Justice Shirani Bandaranayake, the Information Secretary of the JVP Parliamentarian Vijitha Herath and TNA leader Parliamentarian R. Sampanthan to appear before court on the 29th May.
The three have been noticed allowing an appeal by Attorney General challenging the order of the Court of Appeal nullifying the Parliamentary Select Committee which conducted Dr. Bandaranayake’s impeachment.
The petition was heard by a panel of judges consisting of Saleem Marzuk, Sathya Hettige and Eva Wanasundara.
A special appeal to all our supporters
Tuesday, 30 April 2013
No Fire Zone works: It shocks, it informs, and it changes minds. But it can only do that if people go on seeing it.
The next few months are critical for the campaign for justice and accountability in Sri Lanka.
With the Commonwealth Heads of Government meeting scheduled for November and the UN Human Rights Council due to meet in September - and again next March - we need to take our film and our message around the world. We want to ensure the film is seen by governments, politicians – but also by the people who elect them and call them to account. We want to take the film to countries in Asia, Africa and the Americas. We want to build local campaigns in those countries for justice and accountability.
But to do that we need resources.
So far we have been generously supported by the supporters and funders who are listed on our website. But now we are running out of money for the next stage.
And that is why we are launching a Kickstarter campaign.
Kickstarter is a crowd-source funding website. Anyone can go to the website and read about our project and make a pledge. There are rewards for those who do. But there is a condition. We have just thirty days to meet our target. If we don’t - we get anything – and your pledge is not taken from you.
Our minimum target is £20,000. But we hope that will only be a start. The more we get the more we can do. The more countries we can take the film to the more the campaign for truth, justice and accountability will grow.
Please support us.
We will release our URL on our twitter account @nofirezonemovie and on our Facebook site after 5pm EST.
Launch date Tuesday 30th 5pm EST. (Live from Wednesday 1st UK time). Keep an eye out for the announcement of the URL!
Gender And Inclusion: A Change Of Attitude Needed
Charitha Ratwatte
The European Union has set a target of 40% for female non executive directors in European corporate entities by 2020.However some European nations oppose mandatorily enforced quotas to achieve this aim.
One of the opponents, Britain’s Vince Cable, the Business Secretary – Britain has a 25% voluntary target by 2015 – recently warned: “Government continues to believe that a voluntary led approach is the best way forward, but the Cranfield School of Management’s annual Female FTSE Board Report also serves as a timely reminder to business that quotas are still a real possibility if we do not meet the 25% target.”
The 25% target for FTSE 100 boards by 2015 was set in a government commissioned report, two years ago. The Report states that the current percentage in Britain is only 17.3%. Mandatory quotas have been legislated in countries such as Malaysia, the Philippines, Kenya, Hong Kong and the UAE. Recently Chancellor Merkel of Germany was compelled to announce quotas for women directors on German corporate boards by 2020. This was after strong pressure by a group led by Labour Minister Ursula von der Leyen.
The World Economic Forum has produced the Corporate Gender Gap Report, which explicitly states that “women are still failing to break into senior management” in business. In Japan, Prime Minister Abe has requested Japanese corporations to have a target of at least one female executive each. He described women as ‘Japan’s most underused resource’ Women constitute only 1.6% of executives in listed corporates. Only 15% of Japanese corporations have any female executives at all.
The Daily FT some time ago ran a piece titled ‘No place for women in Lankan boardrooms’. The editorial the next day, on ‘Women: Undisputed equal partners of progress,’ highlighted the fact that Sri Lanka’s performance in women’s participation in politics was worst in the region.
India
Some vote hunters and gatherers complained that women were in the basement of politics and hailed India’s initiative on a constitutional amendment for reservation of slots in Parliament for women. But if they watched how some Indian male politicians behaved in Parliament’s Rajya Sabha, to block the amendment, live on TV, it would be a reality check on male attitudes!
Arun Jaitely, Leader of the Opposition in the Rajya Sabha, said that it was a historical occasion on two counts; firstly they were enacting the most progressive legislation ever, the Women’s Reservation Bill, and secondly, the behaviour in the House reached a new low! Unruly MPs were ejected by Marshals. The law reserves a third of all seats in the Indian National Parliament and State Legislatures for women. Rajiv Gandhi when Prime Minister enacted legislation which reserves a third of Panchayats seats for women, which has significantly increased the role of women at that 4th level of government. Sonia Gandhi was the moving force behind the current initiative, which was first proposed in 1996. It is still pending!
Even more depressing is how the male-dominated political parties have dealt with the draft of the statute brought to the Indian Parliament after the recent horrific gang rape of a woman student in a moving bus in New Delhi. One politician has gone on record that there is no such thing as ‘marital rape’! Another has said that ‘rape’ should be confined to women, for males who are abused it should be merely an unnatural offence! These people are living in the dark ages.
When the bill was tabled in the Lok Sabha, the real attitude of the average male Member of Parliament to their women voters was laid bare. Chauvinistic stories, anecdotes and satire came into play in the debate. Sharad Yadav, Leader of the pro-Government JD (U) from Mumbai, who at one time chaired the Indian Cricket Board and International Cricket Council, confessed: “Who amongst us have not followed girls?” – admitting to and trivialising the offence of ‘stalking’ made a crime under the new law.
He should be happy that the law does not apply ex post facto, to stalking committed before it was a criminal offence! He went on to express the opinion that after this new law, the Criminal Law (Amendment) Act of 2013, is enacted, women might not get jobs: “Men would be scared to give jobs to women.”
He cited as evidence the so-called misuse of the Anti Dowry Law in India, which Indian women fought hard to get enacted to protect young brides from dowry deaths, being burnt alive in most cases, due to the in-laws and husband supposedly not being paid the negotiated and agreed dowry. No wonder Indian women international cricketers complain that they are discriminated against, if this is the attitude of a one-time Chairman of the Indian Board of Control for Cricket and the ICC.
The SP Leader Mulayam Singh said: “There is no need for this law. You are giving all rights to the police. We men will be wrongly implicated.” He went on to say that the prevailing law is perfectly adequate to deal with rape offences. He even proposed abolishing co-educational institutes.
Lalu Prasad of the RJD, former Chief Minister of Bihar – who very graciously installed his illiterate spouse as Chief Minister when he was confined to the Chief Minister’s bungalow, a luxurious, substitute jail, for a corruption office over a cattle fodder scam – questioned “should we cover up the naked sculptures at Kahjuraho and Konark?” to adhere to the spirit of the new law. These are ancient sculptures depicting various poses for copulation and sexual relations among human beings as said to be described in the Indian epic, the ‘Kama Sutra’.
Change in mindset required
However, the few women Parliamentarians in the Indian Lok Sabha aggressively supported the new law – demanding a change in the mindset of Indian people, arresting false moral values and for the launch of a reformist campaign which would educate people on equal gender rights, respect and dignity of women.
The law as finally passed provides stringent punishment for crimes against women, including natural life term and even death for repeated offences of rape. For the first time penalties are imposed for offences such as stalking, voyeurism, acid attacks and trafficking in women. For the first time it is a punishable offence for police personnel to decline to register a First Information Report.
The law has been enacted, but a mindset change will take at least a generation. The new educated and upwardly mobile, internet and mobile phone savvy, young middle class Indians , with their Apple iPhones, Barista cappuccinos, Beemer (BMW) SUVs and designer outfits will be the catalysts at the front line of the battle, driving for the change of ideas and attitudes towards women in India.
Incidentally, Ram Singh, the leader of the gang rape gang and who stole and drove the bus for the purpose, is supposed to have committed suicide inside Delhi’s high security Tihar jail! His family and lawyer allege that he was murdered. He was found hanging in his cell, in which other cell mates were also confined. An eye for an eye?
Sri Lanka
In Sri Lanka, at the last count, only four of the top 20 listed companies on the CSE have female directors. Points were made, seminars were held, including one organised by SLID, the pundits made their presentations, politicians promised and pontificated on or around Women’s Day.
But I challenge any reader to show me a billboard anywhere in the island showing a daughter as a collaborator in the business. The equivalent of the alternative gender, Perera & Sons, or Silva Brothers, is easy to find. But why is it always sons and not daughters, brothers and not sisters? In this country where the female population outnumbers the male statistically, where it is said that over 60% of the accountancy students are females, where 63% of professionals are women, why this gender disparity in the fields of business and enterprise?
Our level of female emancipation and participation here, except in certain exceptional situations, is extremely liberal, for South Asia. The teachings of the Gautama the Buddha set a fairly high standard on gender participation among the majority of the population, even though it is said that. Rev. Ananda had to plead with the Buddha three times to allow women into the Order.
But in generality an affirmative and liberal attitude has prevailed on gender issues, which has been strengthened by non fee levying education accessible cutting across gender biases and non fee levying health services being available to all, empowering women by permitting them to control their own fertility and not to be dictated to, on it, by men.
Free health service to those who could not afford it has been available since around the time of universal franchise in 1931. Education is the great leveller, the greatest provider of upward mobility, but there exists a glass ceiling; we need systemic changes if we are get a maximum return of the potential among our female population for the huge investment made in education, healthcare and other social welfare expenses.
In the employment pyramid, at the bottom and mid levels, female participation and contribution is high; one has to only look at the teaching service, government clerical and private sector secretarial, garment, plantation and subsistence agriculture and foreign employment sectors. We have to examine gender discrimination and exorcise it from the system.
Vital social and economic role
For example is it justifiable that we consider and classify those involved in home-based child rearing, caring for elders, household assistants (a.k.a. domestic servants) and home-making, a socially vital and key economic task that the majority of women are involved in, as unemployed? The Daily FT some time ago referred to 48.4% of the female population over 15 years as being economically inactive – home-makers, childminders, carers of the aged – economically inactive?! It’s time that someone took another look at this definition!
Women involved in those tasks may not bring an economic return immediately, but they are nurturing the future generation or caring for the aged, releasing people from the drudgery of housework to be active economically outside the home, and play a vital social and economic role, on which the future of humanity depends.
If women are to focus less of this aspect and go out to work, or even engage in economic activity in the home, arrangements must be made for childcare facilities, home-maker support and care for elders. Or, in the alternative, women involved in that type of work should be given an economic reward and benefit.
Consider home-makers, child and aged carers as playing a vital role and recognise their economic contribution, quantify it and reward it – there are ways of doing this that will make the role of women more meaningful than all the sanctimonious pontification and platitudes being expressed on women’s rights once a year on Women’s Day.
Sri Lanka faces a critical problem in this regard since our current birth rate is only around 0.7%, well below replacement level, which is 2.1%; every woman has to have more than two children for us to maintain today’s population numbers. Our population is in decline, and we have to do everything we can to get both the brawn and the brains of all our citizens to contribute to the economy.
We need the brains of educated women to strengthen our competitiveness in management, manufacture, trade and services. We have to include women in the pool of talent we have at our disposal for national development. Women have to be liberated from the financially unrewarded drudgery of household tasks, childminding and aged care activities and be freed to participate in the economy or in the alternative recognise those vital tasks as an economic contribution and reward it meaningfully.
The vital role mothers and women in the extended family play in the nurture of their children should not be underestimated. Employment rules must be flexible so that women can leave full-time employment for child bearing, child caring and aged care purposes and rejoin the work force without detriment when the children are old enough to be placed in nursery school or when care could be provided to aged dependants.
The law must recognise the responsibilities of men in home-making, childcare and care for the aged. Paternity leave is a concept which must enter our lexicon in the field of labour law.
Mallika Sarabhai
In India, Mallika Sarabhai, a dancer of international repute, who has stood in general elections, spoke thus on the Women’s Reservation Bill: “India made a promise to its women at independence, a promise of living with dignity, opportunity, self pride, fearlessness. Today India may have unleashed forces that could bring succour to her deprived, her marginalised, her unsung and unheard. Some men plundered our bodies and souls, and dishonoured us, made us afraid of further sanctions. For women are too often the loot – our bodies, our minds, our thoughts, our wombs. But aren’t women greedy and corrupt as men? Yes some are, trapped alone in gutters, called male corridors of power, tutored by a patriarchal society that equates selfish self interest and greed as cleverness, but there is the very real possibility that the women will not play by the same rules, that they will in a group be able to let their instincts of cooperation, inclusiveness and caring, nurturing and problem solving prevail. The road is long. Women need to be chosen, trained, tutored, and equipped – not in corrupt ways but in governance, in delivery of benefits and empowerment, in transparency.” The infamous rape on the moving bus in Delhi proved her correct a thousand times over.
Increasing women’s participation
The IFC and the World Bank have collaborated on a publication, assisted by the Governments of the UK and Canada, on ‘Gender Dimensions of Investment Climate Reform,’ a guide which will help policymakers and development practitioners design and implement reform to increase women’s participation in business in developing countries.
Sevi Srimavi, author of the guide, says: “Countries that do not capitalise on the potential of women run the risk of severely undermining their competitiveness and economic growth; this Guide is designed to help capture this untapped potential and expand opportunities for economic development.”
Pierre Guislan, Director of the Investment Climate Department of the World Bank Group, said: “Working on reforms to foster women’s entrepreneurship is our strategic priority; this publication builds on our own extensive experience working with governments on business enabling environment issues and responds to the increased demand from governments and practitioners on how to promote women’s economic participation.”
To make the policy environment favourable to women’s participation in business, the fundamental requirement is that the voices of women must be heard and listened to. There has to be empowerment of women. In 2005 Norway did just that. The Government gave listed firms just two years to put 40% women on their boards of directors, under threat of liquidation for non-compliance. Norway’s aim was social justice.
Those who oppose quotas mouth the usual platitudes about ‘quotas not working’! Try telling that to the scheduled castes and tribals in India who have benefited, been empowered and emboldened by reservation schemes in university admission and Government jobs in India. Equity can only be brought about by bold steps. Not by sanctimonious and patronising platitudes repeated ‘ad nauseam’!
Financial inclusion
There is a serious financial inclusion issue here too. Consider the microfinance sector. In Sri Lanka and the world, 80% of microfinance borrowers are marginalised women. Yet Sri Lanka is one of the few developing countries which do not have in place a statutory regulatory mechanism for microfinance.
Would this attitude of indifference and inaction by male-dominated regulatory and political institutions have prevailed or even been tolerated for a day if men were 80% of the people to whom vital financial services were being provided, to a hitherto unbanked sector of the population, by microfinance institutions? This even withDivi Neguma micro finance being touted as the new development mantra catalyst. Does the answer lie within the fiery statement of Mallika Sarabhai?
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