Monthly Archives: November 2012

From a Pinch of Salt to “Pinches” of Gender

30 Friday Nov 2012

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One speaks of gender rights and environmental rights. Speaking of them in combined mode, and that too on the UNFCCC track can be a challenge, but not necessarily one that is over burdening given its due importance.

Women play a key role in day to day life, and are those who are most burdened by issues pertaining to climate change. Nevertheless it be seen that it is on women that the focus remains lacking. In Decision 36 of COP 7 in 2001, the need to focus on gender and women has already been highlighted. On referring to the Beijing Declaration of 1995, the Decision goes to lay down the importance of the inclusion of women delegates in the UNFCCC process, and other form of entities that take action on climate change. This is based on the need for effective communication of women’s needs which can be most clearly stated by those who are affected due to their absence.

Furthermore articles 3,4,5, 15 and 16 of the Beijing Declaration stress on the need of women’s inclusion in development and equal treatment of men and women in development. In addition article 27 of the same provides that in the development of developing countries, the inclusion of the women in the process is needed, and highlights the need for participatory development where women are not side-lined by their male counter-part.

If one wonders what the relevance of all this is to “climate talks” or the UNFCCC process as one may call at one’s choice, the relevance lies in the fact that women are key victims of the impacts of climate change. They are the most vulnerable and are affected by climate disasters. Furthermore in agricultural communities affected by climate change, women walk for many kilometres in search of water. In Africa and certain parts of South Asia, in regions hit by droughts, women not only suffer to find water, but also combat the scarcity of food in feeding their children. Maternity makes those vulnerable more vulnerable to climate change, health-wise as well as financial wise. In many coastal communities livelihoods are affected, agricultural communities are impacted with loss of crops due to sudden changes in the climate. The mother of the family bears all of it, while struggling to adapt to changes in circumstance, while at a loss of livelihood through harsh changes in the climate.

Not only the aforementioned, the lack of awareness and lack of education among women regarding the impacts of climate change does affect their ability to react to what they are in the process of confronting. The seasons may change, the crops may be damaged, and the rains may fall harsher, but the lack of knowledge on what impacts their life, makes the woman unable to adapt to the situation as appropriate. Hence the need for more focus on Article 6 and education. Girls in societies where they are deprived of access to education render them vulnerable, and deprive knowledge to forth coming generations, where mothers would play a key role in shaping the lives of the children. As chichŽ as it may sound, that be the reality, and one can do but to acknowledge , if needs to be taken sane that education of a woman is the educating of a generation.

So what is needed? More inclusion of gender (I do see many women in the process of the UNFCCC, so may be focussing on highlighting the cause of women and their rights in combating climate change could be the next step for those who walk the corridors of UNFCCC – including the writer, that being me of course). So time to suit up, buckle up, and call for climate justice, several “pinches” of gender included.

“Full time mum”

08 Thursday Nov 2012

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First week in office, and first staff meeting with new colleagues, and of course that need to be introducing one’s self which comes without fail. The turn comes to you, and then you go “I am Vositha, working in bla bla bla since three days (smile)”.

Then the question that follows, just because your introduction that be too brief, and the information be exactly and the only that is known of you (provided of course that one has not had a sneak peek of your CV).

“What were you doing before you joined here?”

At that moment, the LLBs, the LLMs, consultancies or all the bar exams you have sat for do not come to your mind, the only thing you end up with is one thought, your son and the only answer that comes to your mind, “I was a full time mum”.

Yes, “mum” seems to top all forms of identity. It seems to go above all those years of burying your nose in piles of books, years of work that you would put one after another in your CV.

Funny how it does not even take an effort, or hesitation. One word seems to say it all, and you are “MUM”.

“A girl with a book”

02 Friday Nov 2012

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It was 9th October 2012, and a normal afternoon in the Swat Valley, where children were returning to their homes after school. “Which one of you is Malala? Speak up, otherwise I will shoot you all,” said the gunmen who targeted the bus in which Malala Yousafzai was travelling, a 15 year old girl, a student and an education activist from Pakistan’s where she is known for her education and women’s rights activism in the Swat Valley, an area in which Taliban has banned girls from attending school. On being identified, she was shot in the head and neck. Two others were also wounded in the incident.

The Child Blogger from Pakistan

If one wonders the authenticity of a 15 year old being on the hit list of Taliban, then one needs not hold doubts longer as the incident does not stem from a child hero movie. It portraits the life in which the people of Swat Valley live on a daily basis. Yosafzai who lives with her family in the valley, is known for voicing her opinions against the ban of Taliban on female education, and condemning their attacks on education cetres. In early 2009, at the age of eleven years, Yousafzai bravely expressed her concerns in a blog under a pseudonym for the BBC which resulted in her rising to fame through her activism. She has since, been nominated for the International Children’s Peace Prize by Desmond Tutu and has won Pakistan’s first National Youth Peace Prize.

Her Crime

Malala was too young to be condemned of any crime. Still being a child, though a very courageous one, her crime was deemed as belief that girls deserve the right to education. It is claimed that the attack on her was ordered by a Taliban leader whom according to the Washington Post is “infamous for his long campaign against female education.”

Ehsanullah Ehsan, chief spokesman for the Pakistani Taliban, referred to Yousafzai as “the symbol of the infidels and obscenity,” and added they would continue to target her, if she were to survive the attack. He also said that the young blogger had been brainwashed by her father, Ziauddin who himself is an open critic of the Taliban rule, and stresses that the both of them remain on the Taliban’s list of intended victims.

Not Alone

Taliban attack on Malala succeeded in getting the attention of her country as well as the international community on the important right concerning the right of girls to access education. Thousands marched in cities across Pakistan in protest. The Secretary-General of the UN expressed his outrage and strongest condemnation over the shooting of Malala Yousufzai. He called for the perpetrators of the act to be brought to justice.

“The terrorists showed what frightens them most: a girl with a book”, said the Secretary-General.

The girl from Swat had not only managed to spread her word in the valley but also had managed to get the attention of the world, and those who mattered for her cause. She and her plight had exposed the global malady of misogyny and successfully stressed that today, women cannot be confined within four walls of a house.

Education: the Right

The right to education has been recognised since the Universal Declaration of Human Rights (UDHR) in 1948. Article 26 of the Declaration proclaims among other things that everyone has the right to education. It also highlight this right to be universal and not discriminated based on factors among which are gender, ethnicity and religion.
In addition the right has further been enshrined in a range of international conventions, including the International Covenant on Economic, Social And Cultural Rights , The Convention on the Elimination Of All Forms Of Discrimination Against Women (CEDAW) and more recently in The Convention On The Rights of The Child (the world has realised the rights of children play a key role in contributing to the rights of adults in general, as well as society)

However it needs to be remembered that the right to education is universally recognised, its interpretation nationally is of substantial difference, and indicator that though every human is expected to be a holder of the right, the mode of securing the right varies on location. In some countries the right will be enforceable through national legislation while in others it will be of persuasive effect in the making of public policies.

Sri Lanka and Female Education

Sri Lanka has the right to education mentioned in the Constitution, as an article which is to be of persuasive effect. Article 27 of The Constitution of Sri Lanka 1978 amended 2001, caters to this. Read with Article 12 of the Constitution the non-discriminative education of girls and boys alike can be taken as a priority in the Sri Lanka.
One may argue otherwise if they chose to do so, however I would say looking at the situation in Sri Lanka, we women in Sri Lanka can be considered benefiters. Reading articles that express that money allocated to free education is worthless does make me wonder whether one has really taken a look at the system that has given the opportunity to many a woman to at least the ability to read and write, leave alone becoming bread winners of their families. UNICEF data (2005-2010) provides that 99 per cent of female youth between the ages of 15 to 24 are literate as opposed to 97 per cent male rate. Primary school enrolment is at 97 per cent for females, which is the same as males. So throw stones at me for saying this, specially following the whole debate on the allocation of percentage of GDP and many strikes of the universities, in Sri Lanka girls as well as boys, benefit from education, ( I shall not venture to analyse the quality of the education provided, but will believe in the fact that we do have some form of education which is not gender discriminative). Cause for rejoice? Not entirely.

Data available provide that post war access to education in the North and the East are not the same in numbers compared to the areas where the war was not prevalent. It is evident that the war has impacted education in many ways, among which the depletion of resources and psychological effects from decades of war, play a key role. One does need to admit that facts aforementioned as well as families that are yet to be settled into their homes, and many children being orphaned or suffering financially do indicate that the right to education in practice is not the same as in theory (yes we are persuaded enough but not entirely enough). However one can but continue to stand by the fact that some form of education being provided, and the right to education being acknowledged is a good situation to be in than living in a society where a woman being literate would be resulting being gunned down or being called a “symbol of obscenity”.

A Girl Educated, a Generation Enlightened
Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. Yet millions of children and adults remain deprived of educational opportunities, many as a result of poverty. Education is a powerful tool by which economically and socially marginalized adults and children can lift themselves out of poverty and participate fully as citizens.
One speaks of the right to education as a general right, however the “Malala situation” has opened everyone’s eyes regarding the situation pertaining to female education. The importance lies in the fact that educating a girl does not remain individual’s education alone, but becomes a capacity building of a family and a generation. This unquestionably lies with the fact in motherhood, and the close ties that a girl she to her family. Thus a girl’s education helps improve their own lives, the lives of their families and the conditions in the their communities. This further highlights equal rights between genders, in communities where women are discriminated based on the sole fact of being a female, resulting to being blocked access to financial independence, and in turn leading to dependency on the males of the society who are a contributor to her oppression. Personally I could not think of a life without being literate. Literacy playing a key role and may be the most important fact that would help my life. It helps a woman identify her capacity, her rights, and in turn make her empowered to face challenges of the world, and not be a victim of the discriminative and oppressing elements of the society.

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Gender Based Violence : A Story of Silent Victims

02 Friday Nov 2012

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First lines of this article was typed a zillion times (well not a zillion times in the literal sense, but of course in figurative sense). This was not because I was out of options for the first line, but merely because too many stories of people I know came to my mind: The story of the man who slapped his girlfriend because she was cheating on him, the lady I know who gets beaten up by her husband on a frequent basis because she would not get separated from him for the sake of her two daughters who might be deprived from inheriting any wealth that their father possess, the story of the woman in court whose husband sexually harasses her. With too many stories, I was obviously left in a dilemma as to whose story needs to be told, so resorting to the most practical option, I venture to tell the collective story of gender based violence (GBV) of women living in Sri Lanka. One might not notice the gravity nor the presence of it, or could be living in it and feeling it as a normalcy, however it is time that stories are told and actions are taken, for mere acceptance of a situation does not mean that is the correct way of doing things in a country or a culture.

Defining GBV

GBV is described as violence linked to the ‘gendered’ identity of being a woman, man or a person with transgender identity. In defining GBV one needs to understand the meaning of “gender” which refers to particular type of roles, activities, attributes which a particular society deems appropriate for men and women. Being socially constructed, gender takes different forms depending on the country and the culture one dwells in. Thus, people grow up learning what the society teaches be their gender based roles and in turn create inequalities and discrimination, generally favouring the stronger party, mostly the male. As the WHO provides such inequalities end up leading to inequities in fields such as health care, property rights, education and employment. The role of gender is crucial in dissecting the perpetration of violence, given that violence stems from an unequal power relation and discrimination in society. While GBV affects men and women both, women given the social structure are more proven prone to be victims of violence and suffering physically and emotionally.

GBV and Violence against Women

As mentioned before women and girls are the key victims of GBV due to the unequal power relation between men and women. Though it is not the mode of nature, the women have been victimised due to many a behaviour that has become the accepted norm by many. In some cultures men are expected to beat their women as that is the way that things are done! I once was told by a three wheeler driver that during his married life, he was yet to beat his wife. He meant it as a sign of success of his married life, however, the tone in which it was told, connoted that the man accepted that beating his wife, was quite a normal thing. Not being sure how to react I decided to keep silent. That was a few years back, however a few weeks back, trying to mend a fault on my part in keeping silent upon hearing the proud recital of a man on how he slapped his girlfriend, I decided to tell him that it was not the right thing to do, and that any sensible woman would seek justice against such activity. I was told in response that he lost control, while another near him added “I will beat my wife if she tells anything against my parents!” I was left wondering what was wrong with people, and how the society is to function with people who deem that giving a warning to one’s wife on the probability of getting beaten upon speaking against her in laws to be an exclusion clause against any violation of rights caused by violence perpetrated against his wife.

Dissecting Violence against Women

Violence against women come in many forms, among which are domestic violence, sexual harassment, rape, incest. We can think of many a story which we have come across in our life which relate to this: the wife who is beaten by her drunkard husband, the school going girl being beaten by her father over a love affair, the girl who is raped by her uncle and the father who sexually harasses his daughter are stories one hears in the Sri Lankan society. Though one hears of these, how often does one react to them? If you were to think of a story which falls in this line, would you be able to say that you have taken action to prevent such an act, or would you, yourself be a victim of any of these? If you were, would you have taken any measure to prevent such activity from occurring in the future or have you merely kept mum, and waited for the situation or its gravity to subside? The answers may vary, but the frequency of one’s inaction would be much higher than expected in our society, be it for lack of knowledge regarding one’s rights, be it because you believe you deserved to be subjected to such violence due to teachings of the society you live in. The end result be the same whatever be the cause of suffering in silence : The ever increasing rate of women subjected to violence and the rise of incidents of violence against women.

“What’s with these laws against violence?”

Sri Lanka has an equipped legal mechanism to address issues of violence against women and GBV. Among these legal instruments are The Domestic Violence Act passed in 2005 (yes, this does cover incidents where your husband would be beating you, and yes, you can file a case against him or seek protection from him legally). Apart from this the Penal Code of Sri Lanka does function to protect women and men alike from being subjected to violence.

In addition to domestic laws, Sri Lanka is also a signatory to many international treaties which concentrate on the protection of rights of women and girls alike, such as the International Covenant on Civil and Political Rights, Convention on the Elimination of All forms of Discrimination against Women, The Convention on the Rights of the Child, and Convention on Torture and other, Inhuman and Degrading Treatment of Punishment. The rights enshrined in these instruments are to be upheld in the country with the objective of addressing protection of people from violence perpetrated against them.

Laws v Practice

So we see that there is a whole lot of rights that exist, and a whole lot of laws that “protect” women from violence. But as it is evident through daily occurrences the laws alone cannot play the role of the protector of those perpetrated by violence in the Sri Lankan society. There is a need for the creation of awareness, from the woman who lets her husband batter her and her children trying to protect their property rights, to the man who claims he will beat his wife in the name of love for his parents (oh! please spare me from such talk!). What one sees as necessary for any hope for right to be protected would be victims grasping that they ‘do’ have rights, and the perpetrators of violence too realise that the victims ‘do’ have rights. If this does materialise, oh jolly be the day! In case this will not be an option for the near future , why don’t we just go with the most practical option, and say, do get those so called laws dusting away in some unknown corner to practice! High time this happens, don’t you think?