UN officials express concern to Govt. over Draft Bill amending MMDA

Three UN Special Rapporteurs and a Working Group have expressed strong concern to the Sri Lankan Government regarding its Draft Bill for the Amendment of the Muslim Marriage and Divorce Act (MMDA) saying that, if it is adopted to include the recommendations of a group of 17 Muslim MPs, the law would be contrary to international human rights norms.

The team has urged the government to pass an amended MMDA that reflects the recommendations of a 2021 Advisory Committee – rather than the proposals of the male Muslim MPs who want to retain the mandatory consent of a male guardian for women to enter into marriage, “thereby denying Muslim women their full autonomy”.

“The entire MMDA reform process is currently stalled, and the Minister of Justice is reportedly considering amending the Draft Bill based on the recommendations put forward by the Muslim MPs on June 8,” says an official communication sent this week by the Mandates of the Working Group on discrimination against women and girls and the three Special Rapporteurs on the field of cultural rights, on the independence of judges and lawyers and on the sale, sexual exploitation and sexual abuse of children.

“If recommendations put forward by the 17 Muslim MPs were to be introduced into the Draft Bill, it would be contrary to international standards and obligations on the protection of women’s rights,” they write. “The adoption of a Draft Bill that would incorporate such recommendations would significantly restrict women’s and girls’ rights and put Sri Lanka in violation of its obligations under international law.”

These proposals would exclude Muslim women and girls from internationally and constitutionally guaranteed rights of equality and non-discrimination enjoyed by all other Sri Lankan citizens, they stress. They would be in violation of Sri Lanka’s international human rights obligations under the Convention on the Elimination of all forms of Discrimination against Women.

The Muslim MPs have suggested continuing exceptions to the minimum age of marriage, which is currently set at 18 years old for all non-Muslim Sri Lankan citizens, to allow under 18-year-old Muslims to be married; and retaining the “current highly discriminatory divorce system and procedures, which are lengthy and disadvantageous to women”.

The MPs also want to continue excluding Muslim women from holding public office under the MMDA, thereby resulting in male-only marriage registrars and quazis (judges). They reject new provisions for the sharing of matrimonial property and securing the best interests of children that had been introduced in the Draft MMDA Amendment based on the Advisory Committee report.

The parliamentarians want to maintain the quazi system without change, failing to set educational and other criteria required for quazis. They reject new provisions for sharing of matrimonial property and securing the best interests of children.

By contrast, the Advisory Committee – which comprised academics, lawyers and Islamic scholars – proposed making it mandatory for brides to sign and consent to their marriage with the role of the “wali” (lawful guardian) being made optional and at the request of the bride. Couples may enter prenuptial agreements and, in the event of a divorce, dowry and any other monies transacted at the time of the marriage may be recovered.

The Advisory Committee envisages introducing matrimonial property rights with fair distribution of properties acquired during marriage at the time of divorce. Divorce would be by mutual consent and with equal divorce procedures for men and women, including rights of appeal, being recognised.

Children’s affairs will be prioritised during divorce cases and alimony and compensation will be introduced. Crucially, the Committee also proposed permitting women to hold official positions created by the MMDA, including as marriage registrars, quazis and conciliators.

The letter of the Special Rapporteurs and Working Group draws the government’s attention to the CEDAW Committee’s general recommendation on equality in marriage and family relations; the general committee of the Human Rights Committee on equality of rights between men and women; the UN Declaration on the Elimination of Violence against Women; and the Convention on the Rights of the Child; and the report of the Special Rapporteur on the sale, sexual exploitation and sexual abuse of children, among others.

“Taking into consideration the above-mentioned international human rights standards, we would like to urge your Excellency’s Government to move ahead with the Draft Bill based on the recommendations submitted by the 2021 Advisory Committee to amend the MMDA, complying through such action with Sri Lanka’s international human rights obligations,” it states.

The parliamentarians want to maintain the quazi system without change, failing to set educational and other criteria required for quazis