US embassy cable - 05COLOMBO471

UNCLAS SECTION 01 OF 02 COLOMBO 000471 
 
SIPDIS 
 
DEPARTMENT FOR SA, SA/INS 
NSC FOR DORMANDY 
 
E.O. 12958: N/A 
TAGS: PHUM, KWMN, PGOV, CE, Human Rights 
SUBJECT: SRI LANKA: DOMESTIC VIOLENCE BILL DEBATED IN 
PARLIAMENT 
 
REF: COLOMBO 347 
 
1.  (U) Summary.  Recently proposed legislation to curb 
domestic violence contains provisions for victims, including 
interim and one-year protection orders, as well as 
supplementary orders mandating counseling for abusers.  An 
NGO representative pointed out that the bill does not provide 
counseling services or shelters for victims.  If the 
legislation is eventually passed, translating this new law 
from theory to practice will be a huge challenge in a society 
that tolerates high levels of domestic abuse.  End summary. 
 
2. (U) On February 22, members of Parliament began to debate 
a new Government-backed bill to prevent domestic violence. 
Put forward by Minister of Justice and Judicial Reforms John 
Seneviratne, the bill makes provisions for victims of 
domestic violence, including the availability of interim and 
one-year protection orders for victims, as well as 
supplementary orders removing weapons from and mandating 
counseling for abusers.  The bill contains provisions for the 
right to appeal to these orders and also sets the punishment 
for violation of orders at a fine of roughly $100, up to one 
year imprisonment, or both. 
 
3. (U) Media reports highlighted several Parliamentarians' 
comments during the first round of debate.  According to 
February 25 press reports, a deputy minister of the ruling 
Sri Lanka Freedom Party (SLFP) acknowledged the paucity of 
support for battered women, citing "the negligent attitude of 
the police and cultural inhibitions (that) prevent women from 
seeking redress" as significant obstacles.  Pro-Liberation 
Tigers of Tamil Eelam (LTTE) Tamil National Alliance MP 
Padmini Sithramparanathan pressed for "an attitudinal change 
in the entire Lankan society to wipe out domestic violence." 
Trade Minister Jayaraj Fernandopulle voiced some opposition 
to the bill.  According to media reports, he said the bill 
"showed the possibility of disintegrating the family," 
because of the provision for protection orders which would 
potentially separate parents for a period of up to one year. 
Fernandopulle suggested making necessary amendments to the 
bill to find "ways and means to keep families together." 
Parliament reconvenes on March 9, but no date has been set to 
resume debate on the Prevention of Domestic Violence bill. 
 
4. (U) While the bill attempts to provide protection orders 
for victims, it does nothing to provide services for the 
abused.  Savithri Wijesekera, Director of Women-In-Need 
(WIN), an NGO focused on domestic abuse issues, commented to 
POL FSN that while WIN had been lobbying for a bill 
addressing domestic abuse for years, "A lot more should have 
been included," such as counseling services and basic 
shelters for victims.  A United National Party (UNP) MP (and 
former Minister of Constitutional Affairs) told the local 
press on February 25 that the bill could be improved by 
requiring anyone aware of ongoing domestic violence to be 
"duty bound by law to disclose the information to the 
relevant authorities. 
 
5. (U) Many interlocutors describe domestic abuse in Sri 
Lanka as a pervasive problem, one frequently associated with 
alcohol abuse.  Accurate statistics addressing the true 
extent of domestic abuse are not available.  However, the 
Police Bureau for the Protection of Women and Children cited 
1,190 cases of violent crimes against women and children in 
2004 (the last year from which statistics are available). 
UNHCR Community Services Officer Monika Sandvik told poloff 
that domestic abuse legislation should be accompanied by 
programs to address some of the aggravating circumstances, 
e.g. drug and alcohol abuse.  In December 2004, UNHCR 
launched a long-awaited campaign to raise awareness about 
sexual and gender-based violence (Reftel).  Unfortunately, 
after the December tsunami, the messages needed to be 
"retooled," according to Sandvik, and are on hold until 
appropriate messages for a tsunami-traumatized public are 
crafted. 
 
6. (U) Comment.  Many MPs voiced support for the bill, but 
suggested that it needs to be amended to be made more 
effective.  If the law is passed, its implementation will 
pose a huge challenge in a society that continues to tolerate 
high levels of domestic abuse.  End comment. 
 
LUNSTEAD