Rights of the Child: Top team from Sri Lanka to Geneva

A high-level team will represent Sri Lanka at the public meeting with the UN Committee on the Rights of the Child in Geneva on September 23 and 24, which is a review meant to improve the situation of children in the country.

Headed by Sri Lanka’s Permanent Representative to Geneva, Kshenuka Seneviratne, the team will include Child Development and Women’s Affairs Ministry Secretary Namini Gunasekera and well-known child rights activist Dr. Hiranthi Wijemanne, the Sunday Times learns.

Earlier Sri Lanka submitted in writing “additional and updated information” on the ‘List of issues related to the combined third and fourth periodic reports of Sri Lanka’ on the implementation of the Convention on the Rights of the Child (CRC) as well as the initial report of Sri Lanka on the Optional Protocol to the CRC on the involvement of children in armed conflict requested by the Committee on the Rights of the Child, it is understood.

Although the additional and updated information was requested before August 2, there was a slight delay in the submission of responses because both sets had to be sent to the Attorney General to ensure compatibility with the country’s laws, said the Director-General of UN and Multilateral Affairs, C.A.H.M. Wijeratne of the External Affairs Ministry when contacted by the Sunday Times.

Stressing that when taking children’s rights into consideration Sri Lanka was ahead of other countries in the region, Mr. Wijeratne said more positive steps are being taken to further improve the lot of the child.

On the implementation of the CRC, the Committee raised 14 issues while also requesting additional information on new laws and institutions as well as recently introduced policies etc and data and statistics on institutionalized children, children with disabilities and protection orders granted against perpetrators of domestic violence.

With regard to the development of a Comprehensive Child Rights Law and the Children and Young Persons Ordinance, Sri Lanka has responded that rather than the introduction of sudden change the country believes in the adoption of approaches which are practical in the Lankan context which are implementable in an incremental and gradual as well as sustained manner.

Referring to NGOs, Sri Lanka has assured that those interested in child rights issues are free to work in the country as long as they register with the NGO Secretariat, link with a relevant ministry where a particular service for children is provided and conduct their activities in accordance with national level policies and programme norms.

Stressing that there is a need to obtain more information on NGO claims that their “capacity” is restricted by the government, Sri Lanka’s responses point out that parallel systems of services set up by NGOs in competition with the government have not been productive as NGOs cannot play the role of a substitute for government. “Many NGOs instead of registering with the NGO Secretariat have registered themselves under the Companies’ Act as non-profit making companies.

This has impeded the proper monitoring of such NGOs and their role in Sri Lanka.” The government is in the process of remedying this unfortunate situation, the responses state, adding that it is necessary to find out in what way/manner/method NGOs feel they are “targeted” and what restrictions they have and in what subject areas/geographical locations.

On access of humanitarian agencies to about 3,000 internally displaced children, Sri Lanka categorically states that there is no restriction. “These agencies who wish to help are requested to apply for such access and enter into an MOU with the ministry concerned.”

No allegations of sexual abuse among IDPs have been either reported to the local police or the Women and Children’s Bureau and no cases of rape or sexual violence reported to the three Child Protection Units set up in the IDP camps during March/May 2009, the responses stated.

Dealing with children of migrant women, Sri Lanka states that special laws have been enacted to facilitate legal protection for children up to 18 years. The National Child Protection Authority would be setting up a special desk at the Bandaranaike International Airport to register the details of children of migrant mothers and is also formulating a system to enable these mothers to contact their children while they are abroad.

While conceding that it has not been possible to undertake a comprehensive assessment of the physical, psychological and social impact on children due to lack of resources, Sri Lanka, however, explains that there are “safety net” programmes at community level in areas where a large number of mothers have migrated for employment.

On the issue of personal laws, Sri Lanka’s responses state that a special committee headed by a Supreme Court judge is “revisiting the question of reforming the Muslim Law and issues raised as regards marriage including age are being addressed”.

Meanwhile, according to Response 13 which deals with peacekeepers, the Army Commander has directed that disciplinary action be initiated against 10 officers and 13 soldiers in keeping with the “zero tolerance” policy on misconduct by peacekeepers, after considering the observations and opinion of the Court of Inquiry in relation to allegations of sexual exploitation and abuse by Sri Lankan peacekeepers abroad.

Steps have been taken by the Justice Ministry to determine the whereabouts of the four remaining children alleged to be associated with the TMVP, including the two cases signalled in the December 2009 report of the Special Envoy of the Special Representative for Children and Armed Conflict, assures Sri Lanka.

This has been done in conjunction with Defence Ministry officials and the police, according to its response to one of 16 issues raised by the Committee on the Optional Protocol report submitted by the state.

“The multi-disciplinary committee which undertook to investigate allegations of state complicity in the recruitment of children by the Karuna Group has yet not found credible evidence on this issue,” it is further stated.

Explaining that in the context of the end of terrorism in May 2009, the need for re-recruitments no longer exists, Sri Lanka responds that allegations that a “Commander” named Iniya Barrathi is recruiting children in the Ampara district could not be verified while investigations conducted by the Justice Ministry did not yield credible information which confirmed that the EPRLF and PLOTE are recruiting children.
Referring to the allegation that “a large number of children died during the last months of the conflict”, Sri Lanka states that in the absence of credible evidence as to the casualties, it is impossible to comment on it. “There are no statistics available on the casualties that might have occurred during the last few months of the conflict in areas which were under the control of armed LTTE combatants. In these areas doctors were not registered and inquests did not take place. Therefore, no mortality and morbidity data was available.”

The responses further state that no children are being held by the Terrorist Investigation Department within the High Security Zone in Colombo.

“A total of 667 former child combatants underwent rehabilitation since May/June 2009 of whom 316 are boys and 351 girls. The period of rehabilitation was one year or less. All 667 children have been released and reunited with their parents and families,” it is stated.