• What it means for gender inclusivity in Sri Lanka

In a landmark moment for Sri Lanka, Dr. Harini Amarasuriya was appointed Prime Minister on 24 September. She is the first woman to hold the position in 24 years. Her appointment marks a significant step forward for women empowerment in the nation, inspiring renewed hope for Sri Lanka’s journey towards inclusivity and justice for all. 

On 20 June, Parliament passed the Women Empowerment Act No.37 of 2024, a key piece of legislation enacted in Sri Lanka with the potential to create more opportunities for women to attain similar leadership positions in the future.

The act establishes a National Commission on Women (NCW) tasked with safeguarding women’s rights and offering remedies for rights violations. It also aims to address violence against women and provide immediate remedies. 

Crucially, the act includes provisions for formulating and implementing Sri Lanka’s national policy on women’s advancement and empowerment. This article discusses some of the salient provisions of the new act and explains its potential contribution to women’s empowerment in Sri Lanka.

Aims of the act

Section 2 of the act sets out several aims of the act. It first aims to align with Sri Lanka’s international human rights treaty obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It also aims to create a national policy for women’s empowerment and to eliminate all forms of gender discrimination. 

The act additionally aims to enhance legal mechanisms to address discrimination, sexual harassment, and violence against women. Finally, it aims to promote economic empowerment, particularly for women with disabilities, public education on women’s rights, and equal pay for equal work.

The NCW

The act establishes the NCW, which consists of seven members, with at least five women, appointed by the president based on the recommendations of the Constitutional Council and the Women Parliamentarians’ Caucus. 

Members of the NCW are selected for their expertise in law, trade unions, economic development, health, education, or women’s empowerment. Notably, the chairperson of the NCW must be a woman. 

Section 6 of the act empowers the NCW to protect and promote women’s rights by intervening in court, setting national policy, conducting inquiries, and initiating legal action. Additionally, the NCW may run awareness programmes, recommend reforms, assess legislation, and award compensation. 

The national policy for women’s advancement that the NCW will develop must be reviewed by the minister and submitted to the Cabinet of Ministers for approval. Upon approval, the policy must be presented to Parliament for further approval and the NCW must ensure its implementation.

One of the key powers of the NCW is the power to investigate infringements of women’s rights on its own initiative or upon receiving a complaint. It can conduct inquiries, summon witnesses, and gather evidence. The commission may also refer cases for mediation and recommend remedies if infringements are found. 

Individuals providing evidence to the commission are afforded legal privileges similar to court witnesses. Crucially, unlike the Human Rights Commission of Sri Lanka (HRCSL), under Section 30 of the act, the NCW will have the explicit power to enforce its recommendations through contempt of court proceedings before the Supreme Court.

Ombuds for Women’s Rights and National Fund

Apart from the NCW inquiring into complaints, the act provides for an Ombuds for Women’s Rights to handle complaints related to gender-based violence and rights violations, investigating complaints and reporting to the commission. 

It also establishes the National Fund for Women, which will be managed by the NCW to support its financial needs and programmes promoting women’s rights.

Independence and reporting

The act intends for the NCW to act as an independent body and be free from governmental interference. However, elements in the act may compromise this independence, depending on how they are operationalised. 

According to Section 37 of the act, the relevant minister is responsible for making regulations necessary for the act’s implementation. Such regulations cover the commission’s operations and strategies for ensuring women’s equality and economic empowerment. Moreover, the NCW is required to submit an annual report to Parliament detailing its activities, responses, and recommendations, ensuring transparency and accountability. 

Both these provisions appear to be standard inclusions when the act is compared with the HRCSL Act No.21 of 1996. Therefore, their impact on the NCW’s independence would depend on how they are enforced. For instance, despite the theoretical ability of the relevant minister to issue regulations with respect to the HRCSL, the provision had never been utilised in practice, and the HRCSL has usually exercised functional autonomy.

Conclusion

The Women Empowerment Act is a landmark piece of legislation that stands to make a valuable contribution to the empowerment of women. It establishes a powerful system for protecting women’s rights and addressing gender-based violence, marking a significant step towards a more equitable society in Sri Lanka. 

However, the promise of the act ultimately lies in how much independence and autonomy would be exercised by the newly established NCW.

(The writer is an Attorney-at-Law and a Junior Associate at the legal consultancy firm LexAG)