Legal access to SGBV victim survivors to be strengthened
Judges representing four countries across the South Asia region come together to inform the furthering of judicial reforms to ensure the access to justice for victim survivors of SGBV in Sri Lanka.
Among the many issues that tear at the social and moral fabric of Sri Lankan society, Sexual and Gender Based Violence (SGBV) sits at the forefront. It is one of the most prevalent but overlooked and disregarded human rights violations in the world.
A multi-country study in 2013 revealed that out of 10,000 men surveyed in Asia and the Pacific – including in Sri Lanka – nearly half of those men had reported using physical or sexual violence against a female partner. Nearly quarter of men interviewed reported perpetrating rape against a woman or girl, but had suffered no legal consequences, while only 3.3 percent had been arrested, 2.2 percent had been penalised and only 34.2 percent felt worried or guilty. Therefore, it is not surprising that only 4 percent and 10 percent of sexual and other forms of GBV cases are reported to authorities. Victim-survivors are forced into a culture of silence, and the lack of protection against threats and intimidation, discourage SGBV victims and witnesses from testifying in court and seeking justice.
The United Nations Development Programme (UNDP) in coordination with the United Nations Population Fund (UNFPA) in Sri Lanka is implementing the ‘Ensuring Justice for Victim-Survivors of Sexual and Gender Based Violence (SGBV) in Sri Lanka’ project with funding from the Government of Canada. The project seeks to bring about a justice sector approach to addressing Sexual and Gender Based Violence (SGBV) against women and girls, and gender minorities and envisions a society free of SGBV.
As a part of its ongoing efforts, in partnership with the Sri Lanka Judges’ Institute, the project facilitated a ‘Regional Knowledge Exchange on Judicial Interventions to Enhance Access to Justice for Victim survivors of SGBV’ from November 22-24, 2024 in Negombo.
The regional exchange saw the participation of 50 judges representing all tiers of the Sri Lankan judiciary and provided a platform for experts from across South Asia to share the innovative initiatives taken by their respective judiciary to overcome the systemic and cultural challenges that obstruct better access to justice for victim-survivors of SGBV.
Chief Justice Jayantha Jayasuriya emphasised the pivotal role of knowledge sharing in strengthening the judiciary, stating, “The exchange of knowledge among justices, who bear immense responsibility in administering justice, not only benefits them individually but significantly enhances the efficiency of the overall justice system. Ultimately, the entire society reaps the rewards of such progress.”
Experts on SGBV adjudication from across the region including Justice Ayesha Malik, Justice of the Supreme Court of Pakistan; Justice Gita Mittal, former Chief Justice of the High Court of Jammu and Kashmir and Acting Chief Justice of High Court of New Delhi; Justice Sapana Pradhan Malla, Justice of the Supreme Court of Nepal; Justice Shujune Muhammad, Justice of the Supreme Court of Maldives; and Justice Shiranee Tilakawardane, former Justice of the Supreme Court of Sri Lanka were the key resource persons of this judicial dialogue.
High Commissioner for Canada in Sri Lanka and Maldives Eric Walsh and Resident Representative, UNDP in Sri Lanka Azusa Kubota were present.
UNDP Sri Lanka’s Resident Representative, Azusa Kubota shared insights on how multi-dimensional vulnerability impacts and exacerbates SGBV stating, “A broader culture of violence, particularly SGBV, continues when perpetrators of violence face no consequences and accountability. In recent times, domestic violence and digital violence has risen in alarming proportions, as exacerbated by the COVID-19 lockdowns and the ongoing economic crisis. This has forced many women to be confined to their homes – often with their abuser – and they continue to be impacted by diverse stresses created by these crises.”
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