COMMITTEE ON THE RIGHTS OF THE CHILD REVIEWS SECOND PERIODIC REPORT OF SRI LANKA

CRC
33rd session
23 May 2003




The Committee on the Rights of the Child today considered the second periodic report of Sri Lanka on how that country implements the provisions of the Convention on the Rights of the Child.

Prasad Kariyawasam, Permanent Representative of Sri Lanka to the United Nations Office at Geneva and head of the delegation, introduced the report, saying that the Government was dedicated to ensuring respect for basic human rights, in particular the rights of children, thus guaranteeing all a prosperous and harmonious future. It had done this by taking measures to set up institutional mechanisms, both for the protection of the rights of the child as well as for the promotion and protection of human rights in general.

With the peace process underway, the delegation of Sri Lanka expressed its conviction that the problems linked to infringements of human rights due to the conflict would be speedily resolved, with a return to the traditional attitude of Sri Lankans who had a firm belief in the concept of dignity of the individual and that every human being was born equal. The Government had consciously chosen a path to win peace, and to provide all rights for all inhabitants of Sri Lanka as a whole.

Committee experts asked the delegation, among other things, about the implementation of Islamic law vis-à-vis statutory law; how the various conflicts inherent between the two systems were resolved; collaboration between national bodies involved in their implementation and whether a study had been done to verify that the mechanisms used to protect the rights of the child were effective with no gaps and no duplication; and corporal punishment as widespread in the home. The Committee also congratulated the delegation on the rates of immunization, on their low infant mortality rate, and on the work carried out since the presentation of the initial report.


In preliminary concluding remarks, Committee Chairperson Jacob Egbert Doek, who served as Rapporteur on the report of Sri Lanka, said he was hopeful that the peace talks would be concluded successfully and rapidly so that the country would be on the road not only for further improvement of the state of children in the areas already under full control, but in those areas affected by the conflict. He was also confident that all possible work was being done to make Sri Lanka a country in which all children could enjoy all their rights.

The delegation of Sri Lanka also included Lalani Perera, Additional Secretary, Ministry of Justice; Harendra de Silva, Chairman, National Child Protection Authority; T. Asoka Peiris, Commissioner, Department of Probation and Child Care; A. W. Soysa, Additional Secretary, Ministry of Social Welfare; and Sugeeshwara Gunaratna, Second Secretary of the Permanent Mission of Sri Lanka in Geneva.

The Committee will issue its final recommendations on the report of Sri Lanka towards the end of its session, which concludes on 6 June.

The Committee will reconvene at 10 a.m. on Monday, 26 May, to consider the initial report of the Solomon Islands (CRC/C/51/Add.6).


Second Periodic Report of Sri Lanka

The report (CRC/C/70/Add.16) reviews general measures of implementation of the Convention on Rights of the Child, civil rights and freedoms granted to children, family environment and alternative care, basic health and welfare, education, leisure and cultural activities, and special protection measures taken to ensure the wellbeing of the children of Sri Lanka.

It focuses only on information relevant to the period between February 1994 and July 1999. The authors say it attempts to provide updated information in respect of the concerns expressed and issues commented on by the Committee in its concluding remarks on the initial report. Accordingly, it provides information in the following areas: changes that have been made in legislation; accession to bilateral and multilateral agreements in the field of children’s rights; mechanisms and structures instituted to coordinate and monitor national activities for implementing the Convention; sectoral policies, programmes and services developed to implement the Convention; progress achieved in the enforcement of children’s rights; constraints and difficulties encountered in the implementation of rights set forth in the Convention and on steps taken to overcome them; and plans envisaged for further improvement and realization of the rights of the child.

The report concludes that Sri Lanka has gone a long way in institutionalizing safeguards and in consolidating efforts for the protection of the rights of the child. Introduction of new legislation/amendments to existing legislation, installation of monitoring and surveillance mechanisms and establishment of administration structures for carrying out operational steps relevant to legislative requirements and policy pronouncements are among the measures taken by the State for protecting children and for dealing with encroachments on children’s rights. Sri Lanka is presently pursuing a multi-sectoral approach for the protection of children, and in this approach, personnel in such spheres as health, education, law enforcement and rehabilitation cooperate in pursuit of a common goal.


Presentation of Report

PRASAD KARIYAWASAM, Permanent Representative of Sri Lanka to the United Nations Office at Geneva and head of the delegation, said he was confident that a constructive dialogue with the Committee could be created that would benefit ultimately the people of Sri Lanka, notably its children. The period 1994-1999, the duration covered under the report and subsequent years, had been a period of landmark achievements in the field of the promotion and protection of human rights in Sri Lanka. During this period, the Government of Sri Lanka had taken several measures to set up institutional mechanisms, both for the protection of the rights of the child as well as for the promotion and protection of human rights in general. It had also acceded to several international human rights instruments during this time.

Being one of the oldest democracies in the south Asian region, successive Governments had traditionally recognized the promotion and protection of human rights as one of their fundamental duties. The people of Sri Lanka valued the principle of accountability and transparency, and the culture of respect for human rights had been traditionally sustained by the predominant religious beliefs, which enshrined the concept of dignity of the individual and that every human being was born equal.

For the past 20 years, Sri Lanka had been ravaged by an armed conflict, that had in particular affected children, who had been forcibly recruited by an armed militant group to serve as child combatants. In addition, children throughout Sri Lanka had been affected by the conflict. Today, the Government had consciously chosen a path to win peace, and not war. Promotion and protection of human rights in all regions of the country had become a major preoccupation of all concerned. The Government of Sri Lanka was dedicated to obtaining a political solution to the conflict within a democratic framework that ensured respect for basic human rights, in particular the rights of children.


Questions on General Measures of Implementation; the Definition of the Child

JACOB EGBERT DOEK, Chairman of the Committee who served as Rapporteur on the report of Sri Lanka, said the report showed the progress made in Sri Lanka. Sri Lanka had a long-standing democracy where the rule of law and basic human rights such as freedom of association were well respected. However, the armed conflict had had a very negative impact in many areas. Various measures taken by the Government to put an end to this conflict had brought into view the light at the end of the tunnel, with peace negotiations beginning and displaced persons starting to return home.

He queried the delegation of Sri Lanka about which body or department had the responsibility for the overall coordination of the implementation of the Convention on the Rights of the Child, and what was the role of that body as compared to all the other committees on the rights of the child. Further, to what extent did that body affect and modify policies. He also noted that there appeared to be a very piecemeal approach to the implementation of the Convention, as well as a lack of harmonizing principles to the reforming of the laws. He asked whether a comprehensive review was planned of the process. Further, he asked about the implementation of Islamic law vis-à-vis statutory law, and the various conflicts inherent between the two, asking what was being done to bring the two together in harmony.

The Committee Experts asked questions on varied topics, including budgetary allocations for children and programmes and policies affecting them; the non-binding nature of the Children’s Charter under Sri Lankan law; the problem of the existence of disparities between the different laws and what had been done to settle these and to find laws which could be applied nationally since these frequently affected the definition of the child; whether there was contact between the Government and the leaders of the Muslim communities; collaboration between national bodies involved in implementation; whether a study had been done to verify that the mechanisms used to protect the rights of the child were effective with no gaps and no duplication; how specific child-oriented data was collected and how it was used; and how the provisions of the Prevention of Terrorism Act impacted on youth and whether it was applicable to children under 18.


Response to Questions on General Measures of Implementation; the Definition of the Child

In response, the delegation said that the questions posed were taken as encouragement for the work of Sri Lanka. With regard to the peace talks, at this point, the militant group LTTE had suspended its participation in the talks, although it had announced that it did not intend to return to fighting which was heartening. As for the ratification of the Anti-Personnel Mines Convention, there were some areas of the country controlled by the LTTE, and the Sri Lankan Government could not take responsibility for these areas, as it would have to under the Convention, until the LTTE agreed to live by the spirit of the Convention. In the meantime, Sri Lanka was de-mining the areas it controlled and was living by the sprit of the Convention.

The state of emergency was suspended a year and a half ago, and Sri Lanka was now living under a normal state. There was a moratorium in place with regards to the Prevention of Terrorism Act (PTA); any terrorist act was treated under the provisions of civil law. It was hoped that with the peace process underway, the PTA could eventually be removed from the law books.

With regard to the Children’s Charter, the delegation said the Charter was a policy document based on the Convention on the Rights of the Child, and it enshrined the principles supposed to be taken into account by the State when forming policies in all areas affecting children. This had no recognition by Parliament since the mechanism used to bring the provisions of the Charter into laws was by making specific provisions such as amending the laws as required. The National Monitoring Committee, which was created under the Charter, had the responsibility for preparing the report submitted to the Committee, in concert with non-governmental organizations (NGOs) and Government ministries.

Children could go to the Supreme Court to ask for redress of any violation of their rights, and there had been certain cases in which this had happened, notably in the case of corporal punishment. Special protection measures had therefore been brought in with regard to children. There had been no specific interventions by the Court in regard to the principles guaranteed by the Convention, but it was recognized that this could be the case legally.

The National Human Rights Commission was an independent legal body, coming directly under the President. It was not merely an administrative body, and it had jurisdiction and accessibility for children. There had been several cases where children had accessed it. Its mandate was to inquire into infringement of human rights, among others.

The age of majority in Sri Lanka was 18, irrespective of the community origin of the person, and work was being done to achieve harmony in this respect. Employment was allowed from the age of 14, after which school attendance was not obligatory, on condition that the necessary protection was in place for the child, although the delegation acknowledged that there was no monitoring mechanism to ensure this. Attempts had been made in the past to change the Muslim law with regard to marriage, but these had failed. However, the Government had not given up, and had started a consultative process between the political, religious, youth and young professional groups among others, with the aim of resolving the situation. It was hoped that suggestions from the Committee would help with this topic.

In terms of coordination between the different groups addressing child protection, rights and programmes, at the beginning there had been gaps and overlaps, but this was being remedied and the different organizations were being harmonized by, for example, presence ex officio of members of different organizations on each others boards. Constraints in terms of national resources had however proved coercive on many levels.

With regard to dissemination of information on rights of the child, much work had been done in making the information accessible by providing it in the form of documents, cartoons, and child-friendly data. Professionals such as the police had also been given training in how to deal with children and child issues, and more psychologists and therapists trained with children in mind. Legal reforms had also been examined with the aim of changing them and making them better fitted to child protection.


Questions on General Principles; Civil Rights and Freedoms; Family Environment and Alternative Care

LUCY SMITH, the Committee Expert who acted as co-Rapporteur on the report of Sri Lanka, asked how the Government dealt with conflicts of interest with regard to the best interests of the child, and whether the interests of the child were given the strongest weight, for example in custody cases. With regard to protection of privacy, she asked whether the child’s right of privacy was given due weight, for example in the context of medical issues. It was important to recognize the evolving capacities of the child, and to take this into consideration, she said, recognizing that the child gained its rights well before the age of majority, and therefore had a right to make its own decisions and to give its own views.

The Committee Experts asked other questions on varied topics, including those of corporal punishment both at school and in the home; female migrant workers who had to leave their children behind, frequently in inadequate care, and what was done to provide appropriate care for these children; gender inequalities in achieving citizenship; inheritance rights for adopted children in the context of Muslim law; privacy within the juvenile justice system; the nature of civic education as given to children of different communities; and preventative mechanisms in place to deal with the growing threat of international pedophilia.


Response to Questions on General Principles; Civil Rights and Freedoms; Family Environment and Alternative Care

The delegation responded, saying that with regard to the citizenship of children whose fathers were foreigners, it was now the case that they could be granted Sri Lankan nationality through the mother.

As for the National Plan of Action, some of the activities had been enacted, such as compulsive school attendance and improved drinking water. Today, the Plan of Action was being revised to deal with emerging issues and to combat new challenges. There was no policy of non-discrimination, since equality before the law was recognized as a fundamental right in the Constitution. Work was also being done to incorporate the best interest policy into many areas, including the judicial.

Judicial corporal punishment would be discouraged in the future. With regard to corporal punishment in schools, previous legislation allowed the principle to strike a child on the palm with a cane for a maximum of 4 times. This had been done away with, and a new regulation had been introduced from the Ministry of Education with associated publication and distribution of booklets and a follow-up study. However, there was a clear need for an attitude change, and this was being worked on in many ways. Legal changes were also planned.

School dropouts and leavers were encouraged, thanks to several programmes and policies, to return to school. There were also many policies aimed to ensure the well-being of children of migrant workers who had left Sri Lanka. There was no prohibition for any child of any community to go to any school, whether religious-linked or not. Cultural and religious rules could be observed at school without violation of school uniform rules.

With regard to the violation of privacy laws, the penalty for this was minimal, but there was no maximum amount to the fine that could be imposed according to the circumstances, and the Court could also impose a jail term of up to 2 years.

Work was being done to introduce parents to the concept of the rights of the child without challenging their perceived authority, and this was done by education and sensitization from a bottom-up approach. Awareness on this topic was taught to both adults and children.


Questions on Health and Welfare; Education and Leisure; Special Protection Measures

With regard to adolescent health, the Rapporteur asked for the impact of measures taken to counteract suicide and to bring down the relatively high figures of this phenomenon. He also asked for the figures on availability and use of contraception and teenage pregnancy. He noted that there were high figures for school dropouts, and asked what these children were doing if they were not in school. The education system was not in good shape with regards to quality levels of teachers and infrastructure. He also expressed concern with regards to the conscription of children by the LTTE and other groups, and asked whether there was a Governmental policy to stop this and a further policy for the demobilization of those soldiers who existed now.

The Committee experts raised questions on varied topics, such as how special needs children were integrated into society; the growing number of HIV/AIDS cases and what efforts were being made in this area to limit the spread of the virus; and the issue of ill-treatment of children and what measures were being taken to counteract this, notably in the case of girls subjected to sexual abuse, and if these ideas and mechanisms were being fleshed out on the ground. The Committee also asked whether there was an unconditional amnesty for children involved in armed conflict, whether there was any progress in the review of the juvenile justice system, and whether child parents and adolescent mothers had been socially or ethnically profiled to identify the causes of the pregnancy.



Response to Questions on Health and Welfare; Education and Leisure; Special Protection Measures

Responding, the delegation said that the Sri Lankan education system was probably one of the best in South East Asia, but since the economy had not kept pace with the need to invest in education, some of the excellence and quality had not kept up with the development of the rest of the world. Today, the system had changed, and no longer was primarily Government-run and Government-served. The Government was aware of the needs of the modern Sri Lanka, which required education in values and national integration of human rights, and this was now part of the education objectives.

With regards to the suicide rates, it was noted that these had come down drastically. Reports indicated that pregnant teenagers mostly originated from remote areas where there was much poverty, where these children were given in marriage early so as not to be a burden on the family. Work was also being done to change the laws on domestic violence which would be more modern in scope.

As for child soldiers, there was continued recruitment apparently, however, there had been some consensus and the LTTE and the Government, in concert with UNICEF, had agreed to set up three transit centres for these children with the aim of rehabilitating them. Most children involved in criminalized activities in the context of conflict had not been prosecuted, and this would probably continue to be the case.

The Government was in the process of running cyber-surveillance on pedophiles, and had arrested 31 people so far this year, both Sri Lankans and foreigners. There was also a policy and a programme to cover trafficking in children. Both of these issues were covered by coordinating with foreign police forces and with international organizations that worked in this field. Cyber-watch and cyber-intervention had proven to be very effective in the field of protecting children from sexual exploitation and abuse. Information was also being disseminated to the public and to children on these topics, in order to protect by giving due warning.

With regards to the juvenile justice system, child law needed to be overhauled completely in order to be closer to modern requirements. There was a provision for juvenile courts, but this was only in the capital, and not in other areas, where the usual court served as the juvenile court. There was a lack of proper facilities and institutions to serve children involved in the justice system, and this was being addressed at the moment.


Preliminary Concluding Remarks

MR. DOEK, Chairperson of the Committee and Rapporteur on the report of Sri Lanka, thanked the members of the delegation for their report and for their careful, concise and frank answers. The Committee now had a good picture of the situation in the country, noting that there were many areas in which the Government was working. There was hope that the peace talks would be concluded successfully and rapidly, so that the country would be on the road not only for further improvement of the state of children in the areas already under full control, but in those areas affected by the conflict. The Committee looked forward to the next meeting and hearing of the progress made. There was confidence that all was being done to make Sri Lanka a country in which all children could enjoy all their rights.

MR. KARIYAWASAM, Permanent Representative of Sri Lanka and head of the delegation, said that Sri Lanka was aware of the responsibility of the State, but due to the economic situation, it was having difficulty living up to this responsibility. However, it was hoped that peace and the dividends of that peace would ensure that at the time of the next report, more would have been done to protect the rights of the children of Sri Lanka. The delegation looked forward to the suggestions of the Committee, and intended to make all of these useful in the future work.




* *** *