Sexual and gender-based violence (SGBV) has often been dismissed as an “inevitable by-product of war”. Not only does this understate its severity as a human rights violation and war crime, it also distracts from the continuum of SGBV outside of conflict. During Sri Lanka’s 26-year civil war, SGBV was used as a strategic military tactic and remains widespread as a tolerated practice in public and private domains post-conflict. Despite ratifying the UN Committee on the Elimination of Discrimination against Women (CEDAW) in 1981, the Sri Lankan government has largely ignored key recommendations, particularly on protecting women’s rights and their access to justice. The government consistently denies allegations of conflict-related SGBV and resists establishing effective war crimes and truth and reconciliation mechanisms. SGBV and impunity persists, with less than 10% of SGBV cases leading to prosecutions and perpetrators not bothering to hide their identities [1].
SGBV in the Conflict Period (1983-2009)
SGBV was commonly used by the Sri Lankan security forces during and after the final stages of the war to torture, intimidate and to gather intelligence on the LTTE network. Reports by Human Rights Watch and All Survivors Project detail deliberate use of sexual violence by security forces against Tamil men and women, as well as Sinhalese and Muslim detainees in detention centres who were suspected of affiliation or sympathising with the LTTE. Freedom from Torture reported that out of a study of 148 individuals who had been in detention, 96% of women and 66% of men interviewed had been subjected to sexual torture.
Following the end of the war, female Tamil civilians held in government-controlled internal displacement camps in the North of the country were subjected to degrading screening procedures such as those involving forced nudity and humiliation by male soldiers, with reports from multiple women detainees that photos and videos were taken of them and that they were physically or sexually assaulted. Sexual favours would also be demanded in exchange for access to resources, such as food rations, toilet facilities, and early release [2].
Reports by the UN Secretary General on violence committed by both the security forces and the LTTE noted that crimes of sexual violence were “greatly under-reported” due to “cultural sensitives and associated stigma” [3]. The Sri Lankan government has consistently failed to investigate or prosecute SGBV perpetrated by both parties. Whilst there are now somewhat fewer barriers to reporting than during the war, impunity for war crimes coupled with post-conflict economic marginalisation, militarisation and ethnonationalism are allowing SGBV to persist.
SGBV in the Post-Conflict Period (2009-Present)
“I remain deeply concerned about recurring, credible accounts received by my office of abductions, unlawful detention and torture, including sexual violence, by the Sri Lankan police and security forces, some of which allegedly took place in 2023, mainly in the North and East of the country.”
Statement by Volker Türk, UN High Commissioner for Human Rights 55th session of the Human Rights Council
Despite the Sri Lankan government’s defeat of the LTTE in 2009 and calls for peace, military presence in the Northern and Eastern provinces has only expanded, with five of the seven Army Headquarters now based in the North [4]. Militarisation is particularly harmful to female LTTE ex-combatants, war widows and displaced women, many of whom are the sole providers for their households. Tamil women are denied access to their own lands due to the absence of uniform land rights and often not being able to provide proof of their husband’s death in the war [5]. Women living near military bases or employed by military owned businesses experience high rates of SGBV and intrusive security checks [6]. They also face ostracism from communities for accusations of “conspiring” or “prostituting themselves” [2].
The National Study of Prisons published by the Human Rights Commission of Sri Lanka in 2020 found the Prevention of Terrorism Act (PTA) is also still used for arbitrary detention and sexual torture, particularly against Tamils and Muslims.
Between 2021 and 2023, the poverty rate in Sri Lanka doubled from 13.1% to 25.9%. The ongoing economic crisis has exacerbated the social issues already intensified by militarisation; rising domestic violence, alcoholism and exploitation are among the harshest impacts. According to the 2016 Demographic and Health Survey, intimate partner violence (IPV) is significantly higher in militarised regions, with nearly half of women in Kilinochchi and Batticaloa affected, compared to just 5.7% in the Southern province. Under-reporting means it is likely the actual prevalence is higher. The normalisation of military violence may have contributed to this alarming trend, with an acceptance of violence as a problem-solving measure within the home. The current crisis has also driven many women and girls into exploitative situations, including trafficking for commercial sex work within Sri Lanka and abroad, where they face further abuse and limited access to support [7].
THE VISHVAMADU CASE
The case outlined below is a shocking example of how the judicial system is biased against women and prioritises military supremacy at the expense of marginalised individuals.
In 2010, Aaravi (pseudonym), a 28-year-old Tamil woman, was gang-raped by soldiers stationed at Vishvamadu army camp after she returned home from a refugee camp with her children. When she reported the crime to the army camp, she was told to bathe first and was offered money to drop her case. Her statement was recorded in Sinhala at the police station, not Tamil. If victims-survivors refuse to sign statements they cannot read, the case is not pursued. Aaravi was then examined by a Judicial Medical Officer, who managed four districts by himself in the north due to a lack of staff and resources. This resulted in delays and hindered the collection of evidence [8].
Aaravi was offered no protection or anonymity, and intimidation tactics were used, such as the presence of a hundred soldiers at the identification parade. Eventually, through her continued resilience to pursue her case, the accused were finally sentenced in 2015 to 20-years imprisonment. In 2019, the perpetrators were acquitted on appeal and Aaravi was not informed, which meant she was unable to exercise her right to be present. Throughout this 9-year period, Aaravi faced harassment from the perpetrators’ family members and the security forces. Eventually, she was forced to seek refugee status overseas with her family.
Gender Transformative Justice
While transitional justice processes are typically “top-down” with institutional discourse and formal mechanisms, transformation involves society-wide change.
The idea of “gender transformative justice” has emerged as a pathway to take transitional justice outcomes further, with the inclusion of women’s needs and their active participation in peace-building efforts[9].
Women’s activism has been central to the pursuit of accountability, from The Mothers’ Front protesting for the truth about their sons’ forced disappearances, to civil society organisations providing shelters and support for victims-survivors of SGBV. These women face considerable harassment, threats and attacks while searching for their loved ones, and pursuing justice for SGBV.
Until this year, no bill in Sri Lanka’s political history had ever addressed women’s rights and equal status. The recent OHCHR Sri Lanka accountability project report highlights that in June 2024, the Parliament passed the Women’s Empowerment Act. The Act includes provisions for establishing a National Commission on Women and mechanisms to ensure the government fulfils obligations outlined by CEDAW. It is now essential to ensure this Act becomes actionable and not just aspirational, by employing a gender transformative justice approach. This approach must centre the voices of victims-survivors and address the intersecting axes of oppression that allow SGBV to continue, including militarisation, Sinhalisation, the economic crisis, a flawed justice system and cultural gender norms.
Comprehensive policy and practical measures must be implemented to foster enduring social change, peace and justice. This should include:
Recognition of the gendered experiences of conflict and transformation of harmful cultural gender norms and stereotypes.
Redistribution of socio-economic resources and increased labour force participation to enable women more equal access and opportunities.
Representation of women in formal and informal transitional justice processes, as well as political participation.
[8] Gender, Justice and Security Hub. 2022. Conjunctures of Silence: Aphonias in the Prosecution of Conflict Related Sexual Violence in Sri Lanka—The Vishvamadu Case, 4–24. Gender Justice and Security Hub, The London School of Economics and Political Science. https://thegenderhub.com/wp-content/uploads/2022/02/Conjunctures-of-Silence.pdf.
[9] UN Women. 2015. Preventing Conflict, Transforming Justice, Securing the Peace: A Global Study on the Implementation of the United Nations Security Council Resolution 1325. http://wps.unwomen.org/pdf/en/GlobalStudy_EN_Web.pdf.
Silenced in Sri Lanka: The Struggle Against Sexual and Gender-Based Violence
Sexual and gender-based violence (SGBV) has often been dismissed as an “inevitable by-product of war”. Not only does this understate its severity as a human rights violation and war crime, it also distracts from the continuum of SGBV outside of conflict. During Sri Lanka’s 26-year civil war, SGBV was used as a strategic military tactic and remains widespread as a tolerated practice in public and private domains post-conflict. Despite ratifying the UN Committee on the Elimination of Discrimination against Women (CEDAW) in 1981, the Sri Lankan government has largely ignored key recommendations, particularly on protecting women’s rights and their access to justice. The government consistently denies allegations of conflict-related SGBV and resists establishing effective war crimes and truth and reconciliation mechanisms. SGBV and impunity persists, with less than 10% of SGBV cases leading to prosecutions and perpetrators not bothering to hide their identities [1].
SGBV in the Conflict Period (1983-2009)
SGBV was commonly used by the Sri Lankan security forces during and after the final stages of the war to torture, intimidate and to gather intelligence on the LTTE network. Reports by Human Rights Watch and All Survivors Project detail deliberate use of sexual violence by security forces against Tamil men and women, as well as Sinhalese and Muslim detainees in detention centres who were suspected of affiliation or sympathising with the LTTE. Freedom from Torture reported that out of a study of 148 individuals who had been in detention, 96% of women and 66% of men interviewed had been subjected to sexual torture.
Following the end of the war, female Tamil civilians held in government-controlled internal displacement camps in the North of the country were subjected to degrading screening procedures such as those involving forced nudity and humiliation by male soldiers, with reports from multiple women detainees that photos and videos were taken of them and that they were physically or sexually assaulted. Sexual favours would also be demanded in exchange for access to resources, such as food rations, toilet facilities, and early release [2].
Reports by the UN Secretary General on violence committed by both the security forces and the LTTE noted that crimes of sexual violence were “greatly under-reported” due to “cultural sensitives and associated stigma” [3]. The Sri Lankan government has consistently failed to investigate or prosecute SGBV perpetrated by both parties. Whilst there are now somewhat fewer barriers to reporting than during the war, impunity for war crimes coupled with post-conflict economic marginalisation, militarisation and ethnonationalism are allowing SGBV to persist.
SGBV in the Post-Conflict Period (2009-Present)
Despite the Sri Lankan government’s defeat of the LTTE in 2009 and calls for peace, military presence in the Northern and Eastern provinces has only expanded, with five of the seven Army Headquarters now based in the North [4]. Militarisation is particularly harmful to female LTTE ex-combatants, war widows and displaced women, many of whom are the sole providers for their households. Tamil women are denied access to their own lands due to the absence of uniform land rights and often not being able to provide proof of their husband’s death in the war [5]. Women living near military bases or employed by military owned businesses experience high rates of SGBV and intrusive security checks [6]. They also face ostracism from communities for accusations of “conspiring” or “prostituting themselves” [2].
The National Study of Prisons published by the Human Rights Commission of Sri Lanka in 2020 found the Prevention of Terrorism Act (PTA) is also still used for arbitrary detention and sexual torture, particularly against Tamils and Muslims.
Between 2021 and 2023, the poverty rate in Sri Lanka doubled from 13.1% to 25.9%. The ongoing economic crisis has exacerbated the social issues already intensified by militarisation; rising domestic violence, alcoholism and exploitation are among the harshest impacts. According to the 2016 Demographic and Health Survey, intimate partner violence (IPV) is significantly higher in militarised regions, with nearly half of women in Kilinochchi and Batticaloa affected, compared to just 5.7% in the Southern province. Under-reporting means it is likely the actual prevalence is higher. The normalisation of military violence may have contributed to this alarming trend, with an acceptance of violence as a problem-solving measure within the home. The current crisis has also driven many women and girls into exploitative situations, including trafficking for commercial sex work within Sri Lanka and abroad, where they face further abuse and limited access to support [7].
THE VISHVAMADU CASE
The case outlined below is a shocking example of how the judicial system is biased against women and prioritises military supremacy at the expense of marginalised individuals.
In 2010, Aaravi (pseudonym), a 28-year-old Tamil woman, was gang-raped by soldiers stationed at Vishvamadu army camp after she returned home from a refugee camp with her children. When she reported the crime to the army camp, she was told to bathe first and was offered money to drop her case. Her statement was recorded in Sinhala at the police station, not Tamil. If victims-survivors refuse to sign statements they cannot read, the case is not pursued. Aaravi was then examined by a Judicial Medical Officer, who managed four districts by himself in the north due to a lack of staff and resources. This resulted in delays and hindered the collection of evidence [8].
Aaravi was offered no protection or anonymity, and intimidation tactics were used, such as the presence of a hundred soldiers at the identification parade. Eventually, through her continued resilience to pursue her case, the accused were finally sentenced in 2015 to 20-years imprisonment. In 2019, the perpetrators were acquitted on appeal and Aaravi was not informed, which meant she was unable to exercise her right to be present. Throughout this 9-year period, Aaravi faced harassment from the perpetrators’ family members and the security forces. Eventually, she was forced to seek refugee status overseas with her family.
Gender Transformative Justice
While transitional justice processes are typically “top-down” with institutional discourse and formal mechanisms, transformation involves society-wide change.
The idea of “gender transformative justice” has emerged as a pathway to take transitional justice outcomes further, with the inclusion of women’s needs and their active participation in peace-building efforts[9].
Women’s activism has been central to the pursuit of accountability, from The Mothers’ Front protesting for the truth about their sons’ forced disappearances, to civil society organisations providing shelters and support for victims-survivors of SGBV. These women face considerable harassment, threats and attacks while searching for their loved ones, and pursuing justice for SGBV.
Until this year, no bill in Sri Lanka’s political history had ever addressed women’s rights and equal status. The recent OHCHR Sri Lanka accountability project report highlights that in June 2024, the Parliament passed the Women’s Empowerment Act. The Act includes provisions for establishing a National Commission on Women and mechanisms to ensure the government fulfils obligations outlined by CEDAW. It is now essential to ensure this Act becomes actionable and not just aspirational, by employing a gender transformative justice approach. This approach must centre the voices of victims-survivors and address the intersecting axes of oppression that allow SGBV to continue, including militarisation, Sinhalisation, the economic crisis, a flawed justice system and cultural gender norms.
Comprehensive policy and practical measures must be implemented to foster enduring social change, peace and justice. This should include:
[1] Centre for Policy Alternatives. 2020. Legal Reform to Combat Sexual and Gender-Based Violence. Part 1. Reforming Existing Laws and Policies, 2–37. https://www.cpalanka.org/wp-content/uploads/2020/11/Law-Reform-to-combat-SGBV-PART-1-General-Centre-for-Policy-Alternatives.pdf.
[2] Davies, Sara E., and Jacqui True. 2024. Hidden Wars: Gendered Political Violence in Asia’s Civil Conflicts, 111–138. Oxford University Press. https://doi.org/10.1093/oso/9780190064167.003.0006.
[3] United Nations Security Council. 2004. The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies: Report of the Secretary-General (S/2004/616). https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/PCS%20S%202004%20616.pdf.
[4] The Oakland Institute. 2021. Endless War. The Destroyed Land, Life and Identity of the Tamil People in Sri Lanka, 3–38. https://www.oaklandinstitute.org/sites/oaklandinstitute.org/files/endless-war-web.pdf.
[5] Gender, Justice and Security Hub. 2024. Sri Lanka Country Briefing, 1–4. Gender Justice & Security Hub, The London School of Economics and Political Science. https://thegenderhub.com/wp-content/uploads/2024/03/Country-Brief-Sri-Lanka.pdf.
[6] FOKUS Women. 2017. Shadow Report to the United Nations Committee on the Elimination of Discrimination Against Women. 66th Session, 8th Periodic Review of Sri Lanka. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/645640/SV_Workshop_Report_-_Sri_Lanka.pdf.
[7] US Department of State. 2024. Trafficking in Persons Report: Sri Lanka. United States Department of State, Tier 2. https://www.state.gov/reports/2024-trafficking-in-persons-report/sri-lanka/.
[8] Gender, Justice and Security Hub. 2022. Conjunctures of Silence: Aphonias in the Prosecution of Conflict Related Sexual Violence in Sri Lanka—The Vishvamadu Case, 4–24. Gender Justice and Security Hub, The London School of Economics and Political Science. https://thegenderhub.com/wp-content/uploads/2022/02/Conjunctures-of-Silence.pdf.
[9] UN Women. 2015. Preventing Conflict, Transforming Justice, Securing the Peace: A Global Study on the Implementation of the United Nations Security Council Resolution 1325. http://wps.unwomen.org/pdf/en/GlobalStudy_EN_Web.pdf.
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