Image: Front Page Africa
To read the statement in Sinhala and Tamil click here
18 July 2018
As feminists, human rights defenders, university teachers, academics,women’s rights activists and organizations and as citizens involved in working towards the realization of the equal rights of all people, we strongly condemn any attempts by the President and others in the Government to implement the death penalty.
We were shocked to read international and national news reports aboutattempts to reinstate the death penalty as a punishment for ‘drug dealers’ and ‘drug traffickers’ in Sri Lanka . In a report in the international press, President Sirisena is quoted as having said, “From now on, we will hang drug offenders without commuting their death sentences.”
Sri Lanka has created itself a positive reputation in this regard since the 1970s, commuting death sentences rather than using the death penalty. It set a strong example of progressive humanist values through this policy, internationally, but particularly in the region. Further, all research and study indicates that the death penalty has no impact in reducing the incidence of grave crime.
Since Sri Lanka is a country which considers itself deeply spiritual and religious, we were also shocked to read that religious leaders, such as the Buddhist Mahanayakes and Cardinal Malcolm Ranjith, had agreed with the decision.
We believe that implementing the death penalty, for any crime, for any reason, will degrade our democracy and undermine the rights of the people. This is a violation of the commitments to the people under international conventions that Sri Lanka has signed on, including the Convention on the Elimination of Discrimination against Women (CEDAW). It will dismantle any hopes we have of building a peaceful, accountable and equal society which values human life and human rights; it further erodes our hopes for a people-centric governance model.
No ‘Success’ in the Philippines
We also read that this decision was made in order to ‘replicate the success’ of Philippine President Duterte’s ‘war against drugs’ in the Philippines.
To the contrary, we would like to remind President Sirisena that Duterte’s ‘war on drugs’ has drawn global criticism, as a violation of norms and standards of governance according to international law. Filipina human rights defenders have repeatedly called for an end to the killing, while themselves coming under direct threat and attack under this regime.
The Human Rights Watch World Report (2018) states that the death toll is now at more than 12,000 in the Philippines, between the violence of armed death-squads and police operations. HRW says that of those executed, a majority were poor, and that the list also included children.
Violence against Women
In the past, the issue of violence against women and girls has frequently been invoked in arguments for the use of the death penalty; particularly cases of sexual violence against minors. In 2015, following the rape and murder of a five-year old, this debate resurfaced. However, resisting populist demands at the time, the cabinet made a commitment to examine the root causes of such violence.
A news report in the Daily Mirror states that the government may consider including ‘rape’ and ‘murder’ in the list of heinous crimes punishable by death, along with drug-trafficking.
As many of us work on women’s rights and try to maintain feminist principles in our practices, we resolutely resist any attempts to justify the use of the death penalty for crimes of sexual violence against women and girls. Most women survivors of violence wish to see true and impartial justice delivered to them through fair trials and convictions, and through a more robust enforcement of existing laws.
Justice for the People
We wish to assert the urgent need for reforms within our justice system. The Sri Lankan justice system often does not deliver justice to the people; we are barred by severe delays in the courts systems, corruption, the abuse of power, and biased and prejudicial proceedings and frequent miscarriages of justice.
Certain persons and groups are severely disadvantaged in this system, because of gender, ethnicity and language, and class and socio-economic status. Certain populations remain criminalized in our penal code (such as those belonging to sexual minorities) and therefore have almost no access to justice, even when they are victims of a crime. We are worried about what the implementation of the death penalty means in a context of continued and increasing militarization, alongside legislation such as the Prevention of Terrorism Act, which dangerously contravenes fundamental human rights.
In a climate of increasing anxiety about the safety of our civil, political and socio-economic rights, we appeal to President Sirisena and others in government to immediately withdraw attempts to re-implement the death penalty in Sri Lanka.
We would also like to remind the President that the people gave the new government a very clear mandate in 2015, and the abolition of the executive presidency was critical to that mandate. We see this latest development as an extension of the President’s executive powers and therefore in direct contravention with the people’s demands.
SIGNED BY:
INDIVIDUALS:
1. Prof Savitri Goonesekere
2. Prof Maithree Wickramasinghe
3. Jayanthi Kuru-Utumpala
4. Dr Sepali Kottegoda
5. Kumudini Samuel
6. Rosanna Flamer-Caldera, Executive Director, EQUAL GROUND
7. Hana Ibrahim – Editor Daily/Weekend Express, Co-convener South Asian Women in Media (SAWM)
8. Sonali Gunasekera
9. Shafinaz Hassendeen
10. Sumika Perera
11. Sarala Emmanuel
12. Chamila Thushari
13. Padmini Weerasuriya
14. Bhavani Fonseka
15. Shreen Abdul Saroor
16. Mario Gomez
17. Deekshya Illangasinghe
18. Chandragupta Thenuwara, Artist
19. Jake Oorloff, Artist
20. Bimsara Premaratna, Artist
21. Hasanah Cegu Issadeen
22. Hyshyama Hamin
23. Deanne Uyangoda, Attorney-at-Law
24. Ramani Muttettuwegama, Attorney-atLaw
25. Dharini Daluwatte, Attorney-at-Law
26. Sabra Zahid, Attorney-at-Law
27. Dinushika Dissanayake, Attorney-atLaw
28. Niyanthini Kadirgamar, Open University of Sri Lanka
29. Thiyagaraja Waradas, University of
Colombo
30. Anurangi Mendis, City School of Architecture, Colombo.
31. Aaranya Rajasingham, women’s rights
and peace activist
32. Chathuni Uduwela
33. Priskila Arulpragasam
34. Tehani Ariyaratne
35. Sharanya Sekaram
36. Iromi Perera
37. Mira Philips
38. Cayathri D
39. Chapa Perera, Co-Founder/ Director, Hashtag Generation
40. Charuni Gamage
41. Mahalaxumy Kurushanthan
42. S. Ratnajeevan H. Hoole
43. Pavithra Kailasapathy
44. Annemari de Silva
45. Sr. Noel Christine Fernando, Sramabimani Kendraya
46. Rosemary Fernando, Gampaha
47. Anithra Varia
48. Sr. M. Angela Fernando, Good
Shepherd Convent, Amandoluwa
49. Anushaya Collure, civil society activist
50. Sulochana Colombage
51. Damith Chandimal
52. Anuratha Rajeratnam
53. Sharni Jayawardena
54. Ishara Danasekara, Co-Editor,Vikalpa.org
55. Tharanga de Silva
56. Saama Rajakaruna, consultant on
Gender Equality and Women’s Rights
57. Subha Wijesiriwardena
58. Kimaya de Silva
59. Kamani Jinadasa
60. Shanuki de Alwis
61. Nadeesh Jayasinghe
62. Thenu Ranketh
63. Hans Billimoria
64. Paba Deshapriya
65. EMB Menike
66. Kapila Rasnayaka
67. Sachini Perera, RESURJ
68. Aisha Nazim, journalist
69. Marisa de Silva
70. Senel Wanniarachchi
71. S M Tegal
ORGANIZATIONS:
1. Women and Media Collective, Colombo
2. Suriya Women’s Development Centre, Batticaloa
3. Women’s Resource Centre, Kurunegala
4. Women’s Centre, Ja-Ela
5. Mannar Women’s Development Federation
6. DaBindu Collective, Katunayake
7. EQUAL GROUND, Colombo
8. International Centre for Ethnic Studies, Colombo
9. Family Planning Association, Colombo
10. Bakamoono.lk, Colombo
11. Afriel Youth Network
12. Venasa Transgender Network
13. Women’s Action Network
14. Feminist Catholic Network
15. Hashtag Generation, Colombo