prefer maintaining strict homo geneity in laws and policies pertaining to labour force participation, regard- less of the contribution made by women to various sectors of the economy: the estate sector, the appar- el industry or as migrant workers fun- nelling in foreign exchange. Our national policies remain oblivi- ous to gender-specific dimensions to economic development. Consequent - ly, they fail to identify and cater to the needs of this vital segment. This insis- tence by officials, on the uniformity of their policies and equality between genders, becomes questionable in the context of microfinance, since fe - males are most in need of funding. Microfinance in Sri Lanka isnt govern ed by a single comprehensive legislation. On the contrary, there are a plethora of laws and regulations that govern the different sectors, actors and stakeholders involved. This piece - meal approach to creating a legal regime that directly and indirectly governs microfinance has various implications. Firstly, regulation of multifarious entities that engage in microfinance activities becomes an arduous pro- cess. Secondly, this makes it difficult for regulatory agencies to hold micro- finance institutions accountable. This also creates certain loopholes in the system, as a result of which unregu- lated microfinance institutions may accept deposits. Due to the lack of clarity in the legal framework, depositors are unable to ascertain if and when their legal rights have been violated, or seek redress. In order to bring a certain degree of centralisation and uniformity to the existing regulatory framework gov- erning micro finance organisations, a Micro finance Act was proposed. The proposed act envisages the establish- ment of a Microfinance Regulatory and Supervisory Authority. It would be responsible for licensing, register- ing, regulating and supervising pub- lic, private and guarantee companies, and NGOs engaged in microfinance. Constituting the regulatory body to monitor the implementation of the Microfinance Act has, however, been a contributory factor in delaying its legislation. One of the main purposes of the proposed act is to monitor microfinance institutions, so as to safeguard the interests of depositors customers of microfinance institu- tions are low-income earners. This higher level of accountability is ex - pected to improve the recognition and ability of microfinance institutions to obtain funding from foreign donors and investors. However, the act is perceived to be forcing stringent and institutionalised structures over organisations, particu- larly those whose strength stems from their less formal grass-roots-level mobi lisation strategies. Nonetheless, it is essential that higher levels of con- trol and regulation are implemented, to ensure respon sible deposit taking. The Govern ments 10-year strategy (Mahinda Chinthana) sets out certain goals to achieve for, and on behalf of, the Small and Medium Enterprise (SME) and microfinance sectors. Strategies to meet such ob jectives include supporting entre preneurial development by improving marketing opportunities, subcontracting arrange- ments, financial assistance, and skills development and training program - mes. The 2013 budget proposed an ex - pansion of microfinance, with the inclusion of leasing facilities through Samurdhi banking societies. In order to encourage lending to small busi- nesses, credit facilities were extended through Regional Development Banks. These were based on small enterprise group guarantees and a bond of Rs. 500 million to Lankaputhra Develop - ment Bank, to implement a credit guarantee scheme to underwrite cred- it risks of microfinance and other banking institutions. However, it was the view of the drafters of economic policy, as well as academics, that the general economic strategy of the Government is to sup- port the development of SMEs, as it has a higher impact on GDP and solv- ing unemployment than microfinance does. This emphasis on SMEs by the Govern ment displaces, to an extent, the priority given to the microfinance sector. While Budget 2013 contained a pro- posal for 25 women entrepreneurs to be identified in each district, the Microfinance Act (which is one of the key pieces of legislation, to be intro- duced) is gender-neutral. There is also some extent of apathy on the part of government bodies, on the need to specify women in policies. It is perceived as being contrary to equality. They also feel that this is an issue better addressed at the implementa- tion level. There is, however, an agreement among donors and re - searchers that policies and regulation mechanisms should be attuned to gen- der sensitivities. GENDER-SENSITIVE FUNDING A review of policy considerations on women and microfinance CEPA is an independent Sri Lankan think tank promoting a better understanding of poverty-related development issues. It strives to influence related development policy, as it believes that poverty is an injustice that should be overcome. Courtesy Centre for Poverty Analysis (CEPA) M E D I A
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A N A L Y S I S ) MICROFINANCE POLICY 79 JULY 2014 LMD T O