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Legal system, particularly police and lawyers exploit SL sex workers: Study
One of the main injustices meted out to commercial sex workers is that they are forced to take police officers as either non-paying clients or discount hunters, says a recent study.
The First ever national study, “Status of Sex Workers in Sri Lanka 2022 – 2023”, launched at the Ecumenical Institute for Study and Dialog in Colombo last week says that every single sex worker who participated in the study had spoken of violence perpetrated upon them by the police.
“They spoke of arbitrary detention; sexual violence on the street and in police stations often by multiple officers of the law; an established system of sexual bribery; being forced to take police officers as clients for no money or less than the normal amounts; and trans sex workers being thrown in male holding cells thus making them vulnerable to further sexual violence. One trans sex worker spoke of a group of policemen who stopped her on the road, forced her to undress and bathe in drain water on the side of the road. She spoke of the sheer horror and humiliation of this especially as passers-by watched her.
“Generally all workers cis-gendered and trans, acknowledge that they try to avoid the police at all costs as they see them as the group of people who pose the biggest threat to their physical safety. The best case scenario is where workers state that they do not get any trouble from police as they have ‘come to an understanding’ with them – which means that they trade sex, in return for the police ensuring not harassing them or perpetrating violence upon them. These arrangements are barely even recognised as abusive by workers, understandably so given how normalised such abuse of power is. While police are also an important client base for workers they are the 45 most unsafe as they enjoy the most impunity in all aspects, including if they pay for the services or not. Workers are caught in a bind where they feel they can ensure their safety if police are among their clientele while fully knowing that there is no professional safety in having them as clients.
Workers are well aware of the systemic nature of the violence meted out to them as being connected to them being discriminated against on the basis of their profession. Given this awareness, the same 1/3rd of the sample answered that they changed their place of work, sought help from other sex workers or from community based organisations/NGOs. An equal number also said they did not respond in any way. Of the 92 respondents to this question, two persons said that they approached the police to file a complaint. As will become clear in the section on violence, the plight meted out to the workers by multiple actors including clients, hotel owners, family members etc. is rather severe. However, they do not have any trust in law enforcement that they will even recognise them as victims of violence, leave alone fulfilling their duties of undertaking enquiries to ensure that justice is done. When asked why they did not file a complaint with the police, even fewer wanted to answer the question out of fear even though this was a peer run, completely anonymous survey. That alone is an indication of the deep fears in the community with regards to the police. Half of the 55 respondents who answered the question stated that they feared that their profession will be exposed to the police and then by extension to society at large. A substantial number said that previous experiences had taught them that they will not receive assistance from the police and an equal number said they feared a backlash from the police. A small number worried about losing clients and thus their livelihood; did not have NIC which is required to file a complaint or thought the process was too cumbersome for them to pursue in their already otherwise stressful life circumstances.
Most workers we spoke with, close to 40%, said that they think sex work is neither illegal nor legal in Sri Lanka i. e., it has an unclear and in between status. 35% believed that sex work is not illegal in Sri Lanka while 20% believed that it is. This shows clearly that workers are aware of the ambiguous treatment of the act of providing sexual services for money within Sri Lankan law. While other acts such as soliciting and brothel keeping are more clearly criminalised, this specific act is not explicitly criminalised. Further, soliciting, even though criminalised, is often extremely difficult to prove which has led to a host of extra-legal practices in lower courts in Sri Lanka that victimise sex workers. 56% of the workers we interviewed had not been arrested due to sex work while a very close 44% were. Thus, it is amply clear that in spite of the vagueness of the law almost half of the workers in our sample were targeted and arrested. It is important to note here that when taken along with our data that workers experience sustained harassment and violence of different kinds from law enforcement personnel, lack of arrest does not mean lack of harassment or violence. In a sense, the situation is only made direr by the fact that the violence and harassment is being perpetrated outside of the rule of law, thus making it unrecorded, unnoticed and thus enabling it to exist with full impunity. The remainder of this section on the impact of the law on sex workers will focus on those workers who have faced concerns mediated by formal entanglements with the law i.e. 44% of our respondents. The other issues caused by law enforcement officials, beyond formal legal processes, will be covered in other parts of the report such as the sections on violence and workplace safety. As a socio-economically and culturally marginalized community, sex workers should be entitled to legal services that are free or are at a nominal cost. The inadequacy of such services in general in Sri Lanka, combined with the prevailing social stigma with regards to sex work has meant that 99% of the workers we spoke with answered no when we asked if they had received free legal services. Many of them, our researchers report, were not aware that free legal services existed for anyone anywhere. They had never come across the concept before. This means that upon arrest all workers pay lawyers in their respective areas who pay no heed to their socio-economic status and charge them, often more than the full fee, due to the social stigma against sex workers. This often pushes workers further into debt cycles that they were already living with. A comparable number of workers who were arrested, 31% and 25% were arrested under the Vagrancy Ordinance2 or are not aware of the nature of the case against them respectively.
As the Vagrancy Ordinance is the most commonly used statute against sex workers, it is reasonable to conclude that the 25% too were arrested under this law. 18% of those arrested were arrested under the Brothels Ordinance, 13% in drug related offences and 5% in Quarantine related laws during COVID. The effect of being arrested under this law isn’t just about what is in the letter of the law, but more about how this law is (mis)used among lawyers and police with the full knowledge of Judges. The common practice is to ask workers to plead guilty and pay a nominal fine. This way the police do not have to bear the burden of proving the often unprovable offences of soliciting and ‘vagrancy’ more generally, which does not have a clear legal definition. As a result, close to 50% of the workers who were arrested, especially under the Vagrancy Ordinance were asked to plead guilty. ALL of them were asked to do so by either the Police or by their lawyer. Of all those who had to face a court case 85% said that they have never not pleaded guilty. This then means that a large number of workers are bearing the burden of having a criminal record to their name not because they have committed any crime or because such alleged crime was proved as per proper legal procedures, but simply because they were told, instructed or threatened by lawyers and police to plead guilty. Of those who have faced legal battles 40% of sex workers who were convicted on various crimes have been in prison for a period ranging from 7 days to 3 years. Among them, the majority have been in prison between 14 days to 6 months. 70% of the workers who reported as having been arrested in this study, said that they were sent for STI tests.
Overall, there exists a climate of assumed criminality with regard to sex work in Sri Lanka although that is not the letter of the law. Law enforcement officials and members of the legal community, including lawyers and judges are actively supporting practices of imposing criminality on sex workers when they are already burdened with eking out a living for themselves and their families. This further reiterates the already made calls to remove the Vagrancy Ordinance from the law books5 as the vagueness of this law has made it a weapon in the hands of the legal community and law enforcement who use it to exploit and unleash legally sanctioned violence upon already severely oppressed sex workers. Other laws such as the Brothels Ordinance is not meant to be used against sex workers and yet it almost always is. Drug related offences are often pinned on sex workers by the police to show exaggerated numbers of drug cases they have ‘caught’ within any given time period.
While there are multiple instances of brutal violence that come up in sex workers’ life stories, it is important to understand the persistence of different forms of violence- not just blatant physical or sexual violence- in their lives. The persistence of violence throughout their lives is the clearest evidence of such violence being systemic. Thus this section will take the life cycle approach and add to that the two foundational forms of systemic violence that lay at the core of all other violence – that which is perpetrated by law enforcement and social stigma. The framework for violence used here is that violence isn’t restricted to individual incidents that sex workers endure, the brutality of which is not to be minimised, but that a condition of violence of different kinds is a default state in the lives of sex workers. The following section is based on some quantitative data but largely relies on workers’ testimonies at the Experts Panel.
The other significant way by which the police enact violence upon sex workers is by constantly letting clients, hotel owners and others in the service go scot free when they exploit and/or perpetrate violence against sex workers. Numerous workers speak of how police let clients, hotel owners and others go during raids while they are arrested and harassed by the police. Further, the police are not even approached when others in the business perpetuate violence against workers as they know the police will not address such violence and protect them. On top of this, police routinely arrest workers on false charges such as those related to drugs. Workers are easy targets for the police to use to fill up their quota of arrests under numerous laws. When workers survive the illegal and extralegal violence from the police and reach the doors of the court, they face more exploitation by lawyers. Most workers who mentioned having dealt with court cases in their testimonies have no clarity on what the process of the case was or in some instances, under which law they were even arrested. They pay money to these lawyers who prolong their cases instead of expediting them. Judges who are aware of these practices turn a blind eye to them thus participating in this exploitation. As a result, the judicial system, which should ideally be a relief for them from the violence and impunity they witness with the police, simply continues such systemic discrimination, exploitation and violence.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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