LEGAL AID COMMISSION

'Stop violence against women'

"Violence against women and girls continues unabated in every continent, country and culture. It takes a devastating toll on women's lives, on their families and on society as a whole. Most societies prohibit such violence - yet the reality is that too often, it is covered up or tacitly condoned"

UN Secretary-General Ban Ki-Moon

International Day for Elimination of Violence Against Women.

In 1961 the three Mirabel sisters in the Dominican Republic who protested against the dictatorship were killed on orders of President Rafail Trujillo. This started an informal movement of women to protest against violence which UN officially recognized in 1999 and declared November 25 as the "International Day for the Elimination of Violence Against Women".

According to a UN Report, "Worldwide, a quarter of all women are raped during their lifetime. Depending on the country, 25 to 75 percent of women are regularly beaten at home. Over 120 million women have undergone female genital mutilation. Rape has devastated women, girls and families in recent conflicts in Rwanda, Cambodia, Liberia, Peru, Somalia, Uganda and the former Yugoslavia".

According to a 2010 report published by the World Economic Forum, Sri Lanka is placed in the 16th place in narrowing the gender gap among the countries in the world. Even developed countries like Canada, Netherlands and USA have been placed behind Sri Lanka.

However, narrowing of gender gap alone has not reduced gender based violence in Sri Lanka. An island wide survey conducted by the LAC Centres has disclosed that 43 percent of all female communities in public transport undergo sexual harassment. Further 95 percent of the applicants under Domestic Violence Law to courts are reportedly women. Sri Lankan women forms over 52 percent of the population and earn the largest amount of foreign exchange through their sweat as foreign domestic workers, pliable underpaid workers in Garment Sweat Shops and as tea pluckers for the last 100 years in hill country tea estates.

Media reports regularly details the horror stories, violence against women, trafficking from Tsunami camps, trafficking to foreign slavery on the pretext of employment. Sri Lankan male dominated government in the past had shown marked reluctance to take any meaningful steps to stem the rot.

Foreign domestic employment is the heaven for legitimized trafficking in women and practice of violence against female dignity. But successive governments failed to take steps to negotiate safe employment contracts for their vulnerable domestic servants fearing the sources of valuable foreign exchange may get affected. Since 1995, few legislative attempts were made by the male dominated Parliament to prevent violence against women.

The 1995 amendment brought to the Penal Code in Sri Lanka, creating penal offences for sexual harassment, abuse of children and incest have by and large remained unimplemented in the penal code for the last 11 years.

I am yet to see a recorded case of sexual harassment in the private sector being prosecuted or harassed women commuters in public transport prosecuted. Pompous legislation is meaningless if the victims are in fact not protected under the Penal Code. Some Police officers consider female violence as a cultural trait and not a violation of the dignity of women.

To add insult to injury, the law enforcement officials blame the so called foreign funded feminist NGO's for tarnishing the image of this resplended island, where once upon a time a beauty queen bedecked with jewellery could travel from Kayts to Matara unharmed. We as a nation doles out chunks of antedoted history whilst trying to avoid the problems at hand.In order to promote elimination of violence against women, LAC will jointly with the A2J Program of UNDP start a 'White Ribbon' campaign from November 25 to mark the 'International Day for the Elimination of Violence Against Women"on the need for 16 days until 10 December, International Human Rights Day, to create awareness to take strong measures to implement the UN Principles over Prevention of Female Violation. Many UN Member States and International and National Civil Society Organizations conduct activities promoting elimination of violence against women.

In order to sustain these programs eminent persons committed to eliminate this global curse have formed 'White Ribbon Ambassador Groups.'

The organizers would like to be a 'White Ribbon Ambassador' in Sri Lanka and support our endeavours. "White Ribbon" symbolizes anti- violence against women. Please wear one and enable the program to be nationally supported by the public. If we do not treat, 52 percent of our population of women equally with men, we will not develop this country. Please wear a 'White Ribbon' any day from November 25 to December 10.

- S S Wijeratne Chairman Convener -

White Ribbon Ambassadors Program

Violence against Women/Human Rights Day programs

Among the Legal Aid Centres islandwide 20 centres have been selected to carryout this program. They are: Vavuniya, Kanthale, Ampara, Panadura, Wellawaya, Galle, Attanagalla, Chilaw, Hingurakgoda, Mawanella, Welimada, Nugegoda, Mount Lavinia, Kaduwela, Mahiyanganaya, Kuliyapitiya, Kalutara, Badulla, Gampaha and Moneragala

Elimination of Violence Against Women - White Ribbon Day
November 25
List of Embassie's to be visited by the Legal Aid Commission team

First Lady Shiranthi Rajapaksa
President's House
Srima Dissanayake

Madam L.M. Cuealenaere,
Ambassador - Royal Netherlands
Embassy of Netherlands
25, Torrington Avenue,
Colombo 7

Jens Ploethner
Ambassador - Germany
Embassy of Germany
Alfred House Avenue,
Colombo 7
Thomas Litscher
Ambassador - Switzerland
Embassy of Switzerland
No.63, Gregory's Road,
Colombo 7

Madam Kathy Klugman
High Commissioner
Australian High Commission
21, Gregory's Road, Colombo 7
P.O.Box 742 Colombo

Madam Patricia Butenis
Ambassador - USA
Embassy of USA
210, Galle Road
Colombo 7

Madam Hilde Haraldstad
Ambassador - Norway
Embassy of Norway
34 Ward Place,
Colombo 7

Madam Nirsia Castro Guevara
Ambassador
Embassy of Republic of Cuba
27, Anderson Road,
Colombo 5

Bernard Savage
Head of Delegation
European Union
26, Sir Marcus Fernando
Mawatha,
Colombo 7
Madam Cristin Robichon
Ambassador - France
Embassy of France
89, Rosmead Place,
Colombo 7

Anuraga Sriwasthawa
Secretary Political
High Commission of India
36-38, Galle Road,
Colombo 3

Dr Peter Haies
High Commissioner
British High Commission
No. 389,Baudhaloka Mawatha
Colombo 7

Doughlas Kei
Country Director UNDP
203 Bauddaloka Mawatha,
Colombo 7

Maduwegadera
Add. Secretary, National Languages and Social Integration Ministry
Project Director, Equal Access to Justice
No. 40, Buthgamuwa Road,
Rajagiriya

Sharmeela Rassool
National Project Coordinator
Equal Access to Justice, UNDP
No. 40, Buthgamuwa Road,
Rajagiriya

Questions and Answers

Steps to be taken following rape

Q:Please explain to me the correct steps to be taken following a rape? Your answer through the Daily News Legal Aid Page would be greatly appreciated.

M Perera Negombo

A:The following steps would be the best approach in an incident of rape:-

1. Every second is precious and do not waste time contemplating what to do. I think every woman or 'grown-up' child should know the importance of this.

2. Do not disturb your attire following a rape unless crucial. Do not clean yourself. Do not wash any part of your body.

3. See a medical doctor or attend a government hospital as soon as possible.

If it is a General Hospital much better but do not waste time for unnecessary travelling.

4. Once you attend to the hospital the hospital staff (especially doctors will guide you)

5. The doctors will address the following depending on the circumstances and the appropriateness.

i. Collect evidence for the medical report/the Medico-Legal Report

1. For DNA studies

2. Collaborative evidence....etc

ii. Treat you for any injuries and document the same.

iii. Treat for sexually transmitted infections (including HIV)

iv. Emergency Contraceptives('morning after' pill) to avoid pregnancy.

6. Do not be afraid to ask for these treatments. You have the right to protect yourself against what can happen to you because you were raped. (But you are offered these treatments by the doctors in all government hospitals in Sri Lanka)

7. Police entries and legal intervention will be initiated by the doctors. Doctors will guide you.

Maternity leave for birth of twins

Q:I am 30 years of age, married and working in a mercantile firm for the last six years. At my last visit to the doctor, I was informed that I will give birth to twins. This will be my first confinement. Please let me know -

(a) since I will be having two children, will I be able to obtain double the maternity leave?

(b) how many days of maternity leave will I be entitled to for my second confinement?

Ganga Papiliyana

A:In respect of the birth of the first child, a female employee is entitled to 84 working days as maternity leave provided the confinement results in the birth of a 'live' child.

In respect of the birth of the second child, she will be entitled to 84 working days on full pay.

For the third or subsequent confinement she will qualify for only 42 working days on full pay.

If an employee has lost a child and at the time of the third confinement she has only one child, she could qualify for 84 working days of maternity leave for the third confinement.

If a female employee who on her first confinement gives birth to twins is entitled to 84 working days as maternity leave and not double the leave. Though it is not expressly stated in the Law for the second confinement she will be entitled to 42 days as maternity leave on the basis she already has two living children, what is material is the number of children at the time of the confinement and not the number of previous confinement.

Legal action against Daughter-in-Law?

Q:I am an 80-year-old lady living with my only son. My son and I used to live in the same house before he got married and he used to look after me. But after his marriage, my daughter-in-law did not like the idea of my living with them. Now she is continuously harassing me and is very cruel to me. and she is behaving very badly. Can I take any legal action against my daughter-in-law? Please advice me.

Karunawathi Nawinna

A:Under the Domestic Violence Act No. 34 of 2005, you can either by yourself or by making a complaint to the Police file an action against your daughter-in-law. The Magistrate is empowered to grant an interim protection order preventing your daughter-in-law from harassing you.

Domestic Violence Act

Q:Please let me know how Sri Lankan law provides the protection for women who are facing violence at home ?

Sunethra - Wennappuwa

A:Sri Lankan law specially introduced the new Act called Prevention of Domestic Violence Act, No. 34 of 2005 to prevent the violence at home . Violence against women and particularly violence within the domestic environment has become a serious social problem . The Domestic Violence Act provides for the issue of Protection Orders by court.

The objective of the Act is not to create new offences but to provide for the issue of Protection Orders by a Magistrate's Court to prevent an aggressor from inflicting harm to persons within the home environment.

The Act makes provision for the issue of Protection Orders against acts of physical violence which constitute offences already recognized in Chapter XVI of the Penal Code, of Extortion and Intimidation and of Emotional Abuse having the effect of causing severe traumatic emotional pain. Protection Orders can be sought against persons in specified degrees of relationships.

A Protection Order may prohibit the aggressor from committing acts of domestic violence and entering the victim's residence and may impose other prohibitions. In imposing prohibitions the court is required to take into account the accommodation needs of the victim and of the children and any hardship that may be caused to the aggressor thereby.

The Act provides a civil remedy. The issue of a Protection Order will have no bearing on the normal criminal law jurisdiction. Thus where an offence has been committed, the normal criminal justice process of investigation, prosecution and punishment will follow. Therefore if you are facing such kind of violence at home you have to make a complaint at Police or meet the lawyer to file a domestic violence case at the Magistrate court where the parties resides . if you need further help you can contact our Legal Aid Centres an islandwide.

Death Certificate

Q:How to obtain a death certificate of a person who died in Sri Lanka?

Rimsa Send by email

A:A relative of a Sri Lankan who dies within the divisional boundary of the secretariat is eligible to obtain a copy of the death certificate from the Divisional Secretariat of the Division in which the death took place. If the death occurred outside the area of residence one must go to the Divisional Secretariat of the area in which the death occurred.

The procedure to be followed;

Obtain an application form

- Applicant must obtain an application from the inquiry desk or from the relevant certificate Registrar of any Divisional Secretariat.

- Applicant prepares and fills application form. 63 A

- The supporting documents that should be accompanied to prove that the death occurred as follows:

If the death is registered after laps of three months has the following documents have to be produced:
* Grama Niladhari's Report, if the death occurred at the residence.
* Medical Officer's Death Report if the death occurred in hospital
* Request letter
* Death notice
* Evidence of two eye witnesses through Affidavits.
* Buddhist priests who participated in the pansakula or clergy who participated at the burial
* If there is a Funeral Assistance Society, oral evidence of the office-bearers of that society

If it is a sudden death, the Inquest Report of the Inquirer into Sudden Death

Hand over application required;

Applicant has to go the the Registrar and submit the application or post the application to the registrar along with a stamped envelop

Note:
- Applications must be sent only by Registered Post if it is posted.
- Applicant must inform the Grama Niladhari as soon as the death takes place. After which the Registrar must be informed before the expiry of five days after the death.
- The death certificate will be posted to the applicant in due course.

Applications accepted during:
9.00 a.m. - 12.30 p.m.
1.00 p.m. - 4.45 p.m

Pension

Q:My sister who is a pensioner and died two weeks ago. She has a disabled child. She already informed about her disabled child to the Pension Department. But I got to know that the Divisional Secretariat office stop my sister's pension. Can the Divisional Secretarial office stop someone's pension after his /her death ?

Is there any way to get the pension to her disabled child

Asantha Akuressa

A:Yes, the Divisional Secretariat would cancel pensions after the demise of a pensioner.

- In such a situation a relative of the pensioner must inform the Divisional Secretariat or the respective Post Office submitting the Death Certificate of the pensioner concerned that is required to prove his/her death. - If the pension is not collected within a period of three months the pension would be cancelled. If the pensioner did not collect his/her pension within three months he/she must inform the Divisional Secretary of the respective Divisional Secretariat by forwarding a request letter stating reasons for not collecting pension. In the case of getting W& OP pension to the disabled child you have to inform it to the Pension Director. After following his instruction that child can get her mothers pension.

Sexual harassment in office

Q:The Head of my Institute proposed me to have sexual relationship to approve my salary increment. But since I refused the proposal the Head does not approve my increment. Kindly advice me as to how I could overcome this problem.

Chandra Mahara

A:It is very clear from your question that the Head of your Institute has proposed to have sexual relationship with you to approve your increment which is also a kind of bribe. Under the Bribery Act No.11 of 1954 and its Amendments, taking bribe or giving bribe in any Government Departments to any person is an offence. If a person is expecting bribe to do his duty or delaying his duty until he is given bribe, such incidents could be brought to the notice of - The Commissioner to Investigate Allegations of Bribery or Corruption

No 36, Malalasekara Mawatha, Colombo 07
Hot Line 2586257

The Bribery Commission treats all information as confidential. If you need any further clarification, you may contact our Anti-Corruption Legal Aid Centres or Zero Corruption Desk of the LAC.

Act No.22 of 1995 Penal Code Amendments - Section 345 states as follows:- "Whoever, by assault or use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment and shall on conviction been punished with imprisonment of either description for a term which may extend to five years or with fine or with both and may also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person". If you want to seek relief you have to file a case in the Magistrate's Court where you reside.

Problems regarding child trafficking

Q:Women who are living in slums in the Western Province suffer so many problems in their day to day lives. Kindly let us know how the Legal Aid Commission could help us in this matter.

Seetha 53 Estate from Colombo

A:The Legal Aid Commission has set up a Women's Rights Desk in order to create awareness among the community on women protection law to provide free legal advice to women victims, abuse and violence in women .

Therefore kindly send us a letter giving all the details to the following address:-

Coordinator

Women's rights Desk

Legal Aid Commission

129, High Court Complex, Colombo 12.

Tel.No.2433618
On receipt of your letter, we could provide you with free legal advice in the matter.

Is child employment legal?

Q:A young girl of 14 years of age has been employed as a domestic servant in a house. This girl has not been sent to school. Is the employment of the child legal? What kind of action we have to take against this person?

Chatura Senadeera Pamunuwa

A:The Regulations published in 1957 as regards employment of children prohibits a child under 12 years of age to be employed in any capacity. However, a child who is above the said age has not been made prohibitive to be employed. But the under-mentioned conditions have been laid down in the event of a child being employed:

1. Four hours of leisure should be allowed in a day between 6.00 am and 8.00 pm.

2. Additional three hours of leisure should be allowed once a week.

3. Ten consecutive hours of leisure for rest should be given between 8.00 pm and 6.00 am

4. Seven consecutive days of leisure should be allowed in every three months.

It is observed that none of the foregoing regulations have been adhered to by the employer. Therefore, the employment of the child is illegal. Legal action could be taken for the employment of the child under the provisions of the Employment of Young Persons and Children's Act. However under the law a child is considered as under the age of 18 years. Therefore you can call over child protection authority Talawatugoda

Road Madiwela.

Hot line no 1929

Or you can complain to The Women's Bureau, Sir Chittampalam Gardiner Mawatha, Colombo.

Tel no 0112444444