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COI Report March 2012 - UK Border Agency - Home Office

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SRI LANKA 7 MARCH <strong>2012</strong><br />

to pay compensation to the victim. The burden of proof rests on the prosecution, which<br />

must prove its case beyond a reasonable doubt.‖<br />

Female Genital Mutilation<br />

20.40 The SIGI Gender Equality and Social Institutions in Sri Lanka 371 , undated (website<br />

accessed on 3 February <strong>2012</strong>) noted that ―Female genital mutilation is not a general<br />

practice in Sri Lanka, although it is known to occur among some segments of the<br />

Muslim population. At present, there is no legislation against FGM.‖ The Centre for<br />

Reproductive Rights, Women of the World: South Asia, Sri Lanka chapter 372 observed<br />

that: ―The practice of female circumcision on newborns is fairly widespread among the<br />

Muslim community in Sri Lanka; the practice is not prohibited or regulated by law.‖ The<br />

State of the World‘s Children 2011 373 does not provide any data on the incidence on<br />

FGM/cutting for Sri Lanka.<br />

See also Violence against children<br />

Rape/domestic violence<br />

20.41 The USSD 2010 report 374 observed that:<br />

―The law prohibits rape and domestic violence but it was not effectively enforced.<br />

Sexual assault, rape, and spousal abuse were pervasive societal problems. The law<br />

specifically addresses sexual abuse and exploitation, and it contains provisions in rape<br />

cases for an equitable burden of proof and stringent punishments. Marital rape is<br />

considered an offense only in cases of spouses legally separated. While in theory the<br />

law could address some of the problems of sexual assault, many women's<br />

organizations believed that greater sensitization of police and the judiciary was<br />

necessary to see progress in combating these crimes.<br />

―Sexual harassment was a criminal offense carrying a maximum sentence of five years<br />

in prison. Some observers acknowledged sexual harassment to be widespread;<br />

however, enforcement of the law was not effective. Domestic violence was also thought<br />

to be widespread, although, as with sexual harassment, discussion of these problems<br />

was not common.‖<br />

20.42 The UN Concluding observations of the Committee on the Elimination of Discrimination<br />

against Women, Sri Lanka 375 , observed:<br />

371 Social Institutions and Gender Index, Gender Equality and Social Institutions in Sri Lanka, undated,<br />

http://genderindex.org/country/sri-lanka date accessed 3 February <strong>2012</strong><br />

372 Centre for Reproductive Rights, Women of the World: South Asia, Sri Lanka chapter, undated<br />

http://reproductiverights.org/sites/crr.civicactions.net/files/documents/pdf_wowsa_srilanka.pdf date<br />

accessed 1 June 2011, p 230 - 231<br />

373 UNICEF’s The State of the World’s Children 2011: Adolescence – An Age of Opportunity<br />

http://www.unicef.org/sowc2011/pdfs/SOWC-2011-Main-<strong>Report</strong>_EN_02092011.pdf date accessed 31<br />

May 2011, Table 9<br />

374 US State Department 2010 Human Rights <strong>Report</strong>: Sri Lanka (USSD 2010), released on 8 April 2011,<br />

http://www.state.gov/g/drl/rls/hrrpt/2010/sca/154486.htm , date accessed 11 May 2011, Section 6<br />

148 The main text of this <strong>COI</strong> <strong>Report</strong> contains the most up to date publicly available information as at 3 February <strong>2012</strong>.<br />

Further brief information on recent events and reports has been provided in the Latest News section<br />

to 2 <strong>March</strong> <strong>2012</strong>.

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