WUNRN
SRI LANKA
Concluding Observations of the United Nations Committee Against Torture - Gender Excerpts
1. The Committee considered the combined third and fourth periodic report of Sri Lanka (CAT/C/LKA/3-4) at its 1030th and 1033rd meetings, held on 8 and 9 November 2011 (CAT/C/SR.1030 and 1033). At its 1050th, 1051st and 1052nd meetings, held on 22 to 23 November 2011 (CAT/C/SR.1050, 1051 and 1052), it adopted the following concluding observations.
Violence against women, including sexual violence
22. The Committee
notes with concern reports about a growing number of cases of violence against
women, including sexual and domestic violence, as well as the insufficient
information provided by the State party in this regard. It also notes with
concern that domestic violence and marital rape are recognized only following a
judge’s legal recognition of the separation of spouses. The Committee is also
concerned about reported cases of war-time rape and other acts
of sexual violence that occurred following the end of the conflict, in
particular in military-controlled camps.(arts. 2, 12, 13 and 16).
The State party
should ensure prompt, impartial and effective investigations of all allegations
of sexual violence and should prosecute suspects and punish perpetrators.
The Committee
reiterates the recommendation made by the Committee on the Elimination of
Discrimination against Women (CEDAW/C/LKA/CO/7) that the Staty party should
extend criminalization of marital rape regardless of judicial acknowledgement
of separation.
The State party
should provide the Committee with information on the investigations of cases of
war-time rape and other acts of sexual violence that occurred during the last
stages of the conflict and in the post-conflict phase, and the outcome of such
trials, including information on the punishments meted out and the redress and
compensation offered to the victims.
Sexual exploitation and abuse of children by peacekeepers
23. The Committee expresses its grave concern over the alleged sexual exploitation and abuse of minors by military members of the Sri Lankan contingent of the United Nations Stabilization Mission in Haiti (MINUSTAH) that occurred in 2007. While noting the information provided by the State party’s delegation that the troops in question were repatriated and dealt with under military law, the Committee regrets the lack of information available regarding any specific charges or punishments faced by the 114 members of the Sri Lankan contingent who were repatriated on disciplinary grounds (arts. 2, 5, 12 and 16).
The State party
should conduct investigations into the allegations of incidents of sexual
exploitation and abuse by military members of the MINUSTAH’s Sri Lankan
contingent and report their findings and measures taken in response, including
the resulting number of indictments, prosecutions and convictions, and measures
taken to prevent further occurrences. The Committee encourages the State party
to pursue its cooperation with the relevant UN departments to ensure progress
in this matter.
Human trafficking and violence against Sri Lankan migrant workers
24. While noting the adoption in 2006 of the Penal Code (Amendment) Act No. 16, the Committee is concerned about persistent reports of trafficking of women and children within the State party for the purposes of forced labour and sexual exploitation, the low numbers of convictions related to human trafficking and the detention of trafficking victims. The Committee is similarly concerned at the reported abuses of many Sri Lankan migrant workers, especially women, who travel abroad and subsequently face conditions of forced labour or other abuse in the host country, as alleged by the representative of the State party. In this regard, the Committee notes with interest the statement of the representative of the State party that the draft National Action Plan on Human Rights contains a section devoted to the protection of Sri Lankan migrant workers (arts. 2, 12 and 16).
The State party
should:
(a) Increase its efforts to combat trafficking
in human beings by taking effective measures to investigate, prosecute and
punish those responsible and by further strengthening international cooperation
with countries of origin, transit and destination;
(b) Review legislation and practices to prevent
victims of trafficking from being prosecuted, detained or punished for the
illegality of their entry or residence or for the activities they are involved
in as a direct consequence of their situation as victims of trafficking;
(c) Instruct consular or diplomatic
authorities to provide protection and assistance to Sri Lankan migrant workers
to protect their rights to be free from violence, confinement and abuse in
violation of the Convention;
(d) Consider the possibility of ratifying the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children and
the Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized
Crime