A new coalition of seventeen civil society organisations is
urging South Asian countries to take immediate action on high
levels of sexual violence and low conviction rates. South Asian
Movement for Accessing Justice (SAMAJ) is advocating for
comprehensive legal reforms to close protection gaps in sexual
violence laws, address flaws in criminal justice systems, and
invest in holistic support services for survivors. These reforms
are crucial to providing women and girls with better protection and
ending widespread impunity for perpetrators.
Many sexual violence laws in the region suffer from inadequate
legal definitions that fail to encompass the full spectrum of
sexual violence. Some penal codes contain provisions that
discriminate against women and girls, and poor enforcement of laws
further contributes to abuses going unpunished.
The formation of SAMAJ marks a significant advance towards
rectifying serious weaknesses in legal frameworks, policies, and
practices that prevent sexual violence survivors and victims’
families from accessing justice and support.
Comprised of human rights organisations and individuals working
in Bangladesh, India, the Maldives, Nepal, and Sri Lanka, SAMAJ is
calling for the adoption of a multi-sectoral approach involving
close collaboration between government bodies, law enforcement
agencies, healthcare and education providers, and civil society
organisations.
The development and effective implementation of sufficiently
funded multifaceted strategies are needed to provide better
immediate and longer-term assistance to survivors and for ongoing
prevention efforts necessary to tackle the root causes and
consequences of sexual violence.
Sexual violence survivors face many challenges
While some progress has been made in strengthening legal
protections against sexual violence, survivors still encounter
significant obstacles when filing cases with police and pursuing
prosecution. Problems include prolonged delays in criminal
investigations and trials, onerous levels of proof required for
litigating cases, courts permitting evidence about the sexual
history of victims, and difficulties obtaining legal aid. These
challenges are exacerbated by pervasive gender discrimination,
victim-blaming, and social stigma associated with sexual
violence.
Women from marginalised communities, including Indigenous
people, designated lower castes, and those with disabilities, are
especially vulnerable. They experience severe intersectional forms
of discrimination linked to gender, class, caste, disability, and
religion, which increases their exposure to human rights violations
and curtails their ability to escape harm and receive justice.
At present, the journey through the criminal justice system is
arduous for most survivors. A successful outcome is unlikely as
conviction rates for sexual violence crimes are low throughout
South Asia. The path for those from marginalised groups is even
more challenging.
Enabling perpetrators to avoid criminal liability raises the
risk of assault for women and girls as impunity emboldens offenders
who see they are unlikely to be held accountable by the state. The
few cases that currently make it to court are generally for the
most egregious crimes, such as when the victim has been killed or
is a young girl.
Reforming sexual violence laws
SAMAJ emphasises the urgent need for stronger laws,
gender-sensitive criminal justice systems, and support measures
that prioritise survivor-led solutions, centring the experiences,
needs, and insights of women and girls.
Unique challenges faced by marginalised groups must be
acknowledged and addressed. Amplifying their voices is crucial for
dismantling systemic barriers and creating inclusive pathways to
justice for all, regardless of background.
To achieve the best possible outcomes in sexual violence cases,
comprehensive legal and procedural reforms should be enacted to
close gaps in protections, with national and state laws meeting
international human rights standards.
Advocating for states to fully comply with global conventions
and treaties that mandate the protection of human rights is a key
priority for SAMAJ, with international mechanisms and treaty bodies
utilised to increase accountability.
SAMAJ is championing a unified response to sexual violence in
South Asia. Sabin Shrestha, Executive Director with Forum for
Women, Law and Development (FWLD), in Nepal, explains, “We have
always been together in our joint struggle for justice and
equality. The creation of SAMAJ forms a common front against the
endemic problem of sexual violence in the region.
“This partnership demonstrates how deeply rooted we are to the
idea of safe communities and empowered victims. Our many voices
will resonate louder and as one, reinforcing, pushing ourselves,
and bringing about meaningful changes. Our working together is a
symbol of optimism, resilience, and an assurance for a safer world
ahead.”
Shyamala Gomez, Executive Director at the Centre for Equality
and Justice, in Sri Lanka, expands, “Member organisations of SAMAJ
are coming together with a common goal - to advocate at
international and regional level for strengthened criminal justice
processes in our respective countries so that victim-survivors of
sexual violence get justice and accountability. We need to act as a
pressure group on our governments to take concrete measures to make
this a reality."
Working regionally, Equality Now’s Nawmi Naz Chowdhury
concludes, “Anchored in cross-country learnings, SAMAJ will foster,
sustain, and grow a South Asia-focused, civil society-led regional
movement. The coalition will use collective action in evidence
gathering, research, and advocacy to address legal and structural
barriers faced by sexual violence survivors in their pursuit of
justice, and to bring an end to sexual violence.
“Connecting national-level advocacy with international human
rights mechanisms, SAMAJ is a united regional voice and force that
is determined to uphold the rights of women and girls to live a
life free from sexual violence and to have equal protection under
the law.”
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Tara Carey tcarey@equalitynow.org +44 (0)7971556340