Enhancing access to justice for victim survivors of SGBV Sri Lanka hosts regional knowledge exchange on judicial interventions

Participants of the ‘Regional Knowledge Exchange on Judicial Interventions to Enhance Access to Justice for Victim-survivors of SGBV’ held in Negombo 

• Judges representing 4 countries across 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% had been arrested, 2.2% had been penalised and only 34.2% felt worried or guilty. Therefore, it is not surprising that only 4% and 10% 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. These demoralising statistics not only raise concern at the lack of understanding among perpetrators of the criminal nature of their actions but also validate the huge trust gap in the justice and law enforcement system among the public. 

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

In this context, 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 22-24 November 2024 in Negombo, Sri Lanka. 

Innovative initiatives

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. 

During his Keynote address, 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.”

Esteemed 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 the judicial dialogue. 

 Eric Walsh, High Commissioner for Canada in Sri Lanka and Maldives and Azusa Kubota, Resident Representative, UNDP in Sri Lanka were present at the inauguration of the colloquium. 

Multi-dimensional vulnerability

In her opening remarks, 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.” 

Highlighting their commitment to the area, . Eric Walsh, High Commissioner for Canada in Sri Lanka and Maldives noted, “Canada’s international assistance is based on the premise that promoting gender equality and empowering women and girls has a multiplier effect on development. Here in Sri Lanka, we are pleased to collaborate with UNDP and UNFPA in a strategic focus on the justice sector to address SGBV, which contributes to not only the well-being of women and girls, but of societies more broadly.”

Access to justice 

Certain judiciaries in the South Asian region have introduced structures and initiatives to increase access to justice for victims of SGBV. This ranges from the formation of exclusive Gender Based violence courts, to bringing about structural and procedural changes to how conventional courts function to overcome some of the barriers faced by victim survivors of SGBV. The knowledge exchange created a platform for learning from and deliberating on these experiences, with the aim of helping the Sri Lankan judiciary system to assess interventions that can be introduced locally to address this issue.