Reply to List of Issues : Sri Lanka. 12/05/95.
. (Reply to List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Replies of Sri Lanka to the
List of Issues to be Taken up
in Connection with the Consideration of
the initial report of Sri Lanka


Received on 12 May 1995

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with the consideration of the initial report of Sri lanka.
(CRC/C/B/Add 13)
GENERAL MEASURES OF IMPLEMENTATION ARTICLES 4, 42, 44, PARA 6
OF THE CONVENTION


1. The Monitoring Committee on the Implementation of the Children's Charter representative by all relevent Ministries and some NGOO discussed the matters pertaining to the Report in detail several times. A draft report was circulated to all relevent NGOO and a wide discussion was held with them. Taking the views expressed by them both verbally and in writing the Final Report was prepared.

2. The report has been circulated to many relevent bodies and persons such as members of the Monitoring Committee, NGO Forum, relevent state officials in the Central Administration and Provincial Administration, TV Corporation, Broadcasting Corporation, Newspapers, Universities and Public Library. The report is being translated into Sinhala and Tamil which are indigenous languages.

In Sri Lanka, within last 11 years many seminars, workshops, exhibitions cultural pagents had been held by both Government and Non Government agencies. Tele dramas have been produced by TV Corporation, Private producers and the Department of Probation and Child Care Services. Mass Media has been giving a wide coverage for the rights of the child. Universal Children's Day (Oct 1st) is utilized nationwide to raise public awareness of Child Rights.

3. In Sri Lanka, there is no legal provision for the provisions of Convention to be invoked in a Court of Law. Therefore action is being taken to enact enabling legislation to give effect to the Provisions of the Convention.

4. There have been no such new legal codes or amendments to existing laws since the submission of the report. However, several laws are being amended and new regulations are being made. Penal Code is being amended (Draft amendments under submission to the Cabinet of Ministers) to cover child abuse, child trafficking, cruelty to children etc. Draft legislation on child labour is being forwarded to the cabinet. These amendments were drafted on the recommendations made by a Technical committee appointed by the Government. A regulation is being made by the Ministry of Education to make education under the year 15 compulsory. Under the proposed child labour law employment under 15 years will be prohibited.

5. The position with regard to Data pertaining to children in difficult circumstances is not satisfactory. A survey had been conducted by the Department of Probation and Child Care Services in 1994, through a University Professor in Sociology with regard to children abused in Child Prostitution. The statistics with regard to orphaned, abandoned and adopted children in Children's Homes are available. No islandwide surveys have been conducted with regard to Street Children and those in child labour. It is extremely difficult to collect statistics pertaining to children in Prostitution and labour as these nefarious activities are carried out secretly. Clearly there is a need for technical assistance in this area.

6. Assistance from UNICEF covers a very wide area of Health, Nutrition, Education, Water & Sanitation, specially targetted children, Emergency relief and rehabilitation etc. In 1994 the total financial assistance was US$ 4.4 m & in 1995 US$ 2.1 m. Agencies such as World Bank, UNDP, ILO, UNESCO and UNFPA support programmes for children. 3% of international assistance is devoted. to programmes which benefit children.

GENERAL PRINCIPLES

Discrimination on Art. 2

7. GIRL CHILDREN

1. Policy has been broadly determined to eliminate discrimination against women inclusive of girl children.

2. An action plan is being prepared for the girl child by the Ministry of Women's Affairs.

3. Following areas have been identified.

(1) Education

(a) Illiteracy
(b) Enrolment ratio in schools

(2) Health

(a) Infant mortality rate
(b) Child Mortality

(3) Nutrition

(a) Prevalence of Anemia
(b) Malnutrition in children under 5.years

CHILDREN BELONGING TO MINORITIES

There is no discrimination against this category of children as they enjoy all the facilities enjoyed by the children belonging to the majority.

REFUGEE CHILDREN

Refugee children are not in a position to enjoy normal living in spite of the minimum basic facilities provided. All refugees are given a regular dry food ration and other requirements. The total monthly cost for this is Rs. 150 m. Medical facilities are Provided by Health authorities and NGOO. School education is Provided to refugee children in closest schools.

CHILDREN BORN OUT OF WEDLOCK

As there is a sigma attached to unwed motherhood, majority of unwed mothers relinquish their children. It is difficult to change the attitudes of the society quickly. With awareness and concern about the rights of the child these attitudes will be changed slowly and gradually. It is recommended to amend the laws pertaining to illegitimate children's rights to eliminate discrimination. Current procedures relating to issue of birth certificates to children born out of wedlock is being amended. New forms will not have any column relating to the marriage of the parents.

8. On aspects of protection and participation, efforts will be made to collect diaggregated date. The position with regard to the aspects of survival and development is fairly satisfactory.

RIGHT TO LIFE SURVIVAL AND DEVELOPMENT

9. The Health Sector has been carrying out following programmes.

1. Universal Child Immunisation
2. Control of diarrhoea diseases
3. Control of Acute Respiratory Infection
4. Growth monitoring and promotion
5. Baby friendly Hospital Initiative
6. Phychosocial Development
7. School Health
8. Family Planning
9. Monitoring the implementation of marketing code for Breast milk substitutes.

Getting maternity leave extended room 6 weeks to 12 weeks is an achievement of a positive step taken in his direction.

Creches and Day Care Centres are run under several Ministries such as Local Government, Fisheries, Mahaweli & Plantation Industries as well as by the Department of Probation and Child Care Services & Children Secretariat. Clothes for school uniforms, text books and a mid day mean is provided to school children by the state. Food stamps to the total value of Rs. 15,320,300/= are given to poor families to supplement their needs and specially nutritional needs of children. The price of bread and lentils have been brought down to achieve the same objective.

RESPECT FOR THE VIEWS OF THE CHILD.

(Art. 12)
In public awareness programmes conducted by the Department of Probation and Child Care Services in collaboration with the Ministry of Education for school children, school drop outs and parents, participatory rights of children, with regard to matters affecting their lives have always been stressed along with other aspects. In taking judiciary decision the judges give considerable weightage to the views of the children. These decisions are given due publicity by media.

CIVIL RIGHTS AND FREESOMS

(Art. 7, 8, 13-17 and 37 (a))

11. The position with regard to registration of births of children is satisfactory. 80% of the babies are born in Government hospitals and invariably their births are register. Furthermore, birth certificate is necessary for admission of a child to school. Hence even uneducated parents in remote under-privileged areas do not fail to get their children's births registered. As there is a Registrar in each village this is done without much difficulty. Sanctions exit under the Registration of births and deaths Act in the case of failure or untimely registration.

12. Police Department, has opened a Desk for crimes against women and children and in several police divisions a seperate unit to deal with crimes against women and children have started functioning. It is hoped by the Department of Police to open such a unit in each police division. This had facilitated investigation into offences against children inclusive of illtreatment. The Department of Probation and Child Care has been requesting the public through its awareness programmes to inform the Department or Police of cases of child illtreatment. As there has been a satisfactory public response more and more cases are reported. The Department of Probation and Child Care Services works in close collaboration with the Department of police in this regard.

13. Yes. Although the National Monitoring Committee on the Implementation of The Rights of the Child has requested the Ministry of Education to ban corporal punishment in schools, it has not, yet been considered as most of the educationists still prefer o see that the principals and teachers retain that power to maintain discipline in schools. The Department of Probation and Child Care Services has issued instructions to all its institutions run by NGOO that are registered by the Department to ban corporal Punishment.

FAMILY ENVIRONMENT AND ALTERNATIVE CARE

14. The provisions of the Penal Code, Children and Young persons Ordinance, Employment of Women, Young Persons and Children Act empower enforcement officers to deal with child abuse. As these Laws need to be amended to deal with today's problems of the child a Technical Committee appointed by the Government examined the 44 Laws and, forwarded its recommendations to amend them. The draft
law on Child Abuse is under submission to the cabinet and draft law on child labour will be submitted to the cabinet early.

Children can lodge complainst concerning their abuse of neglect. Because of the public awareness created by the Department of Probation and Child Care Services complainsts are received from such children.

15. Majority of such children are looked after by the extended family. When mothers request the Department of Probation and Child Care Services to admit such children to Children's Homes the request: are considered, in the absence of alternative programmes. At a request made by the Department of Probation and Child Care Services a NGO opened a Home in the Southern Province to accommodate 25 children of this catagory. When mothers complain about, abuse or neglect of their children who are in the custody of relatives the Department of Probation and Child Care Services looks after the children until mothers return.

16. The position of child ababdonedment is not a serious problem in Sri Lanka. Only unwed mothers have the tendency to abandon their illegitimate children because of stigma attached
to unwed motherhood. The Department of Probation and Child Care Services has repeatedly requested such mothers through media not to abandon their children unsafely in various places but to admit them safely to Children's Homes. Within next 2 - 3 decades it is likely that the attidude of the society will change to socially accept unwed mothers. Present Programmes seem to be adequate.

17. The problem does not provail in Sri Lanka.

Basic Health & Welfare Arts 6 paras 2, 23, 24, 26 & 18
paras 3, 27 paras 13

18. 2.6% of the budget is allocated to child health care. The Proportion of allocation for curative and preventive services is 2:1.

19. Health care is free and is accessible to all segments of the population. Specific actions are being taken in deprived areas such as estates, war-torn areas and border areas.

20. As health care is free and is accessible to all segments of the population, disabled children too have access mostly through their families. General Hospitals in main cities and Base Hospitals in urban areas, Rural Hospitals in villages, 800 private doctors and 85 private hospitals cater to the needs of the population including, disabled children for whom there are no seperate hospitals. Preperation for employment is limited to a small number in 33 centres with vocational training facilities. In families, normally disabled children are not trained for employment. However, under the community based rehabilitation families are encouraged to train disabled children for employment as well as to provide recreation opportunities. Recreation opportunities are provided in institutions. Services for this group of children need to be expanded very widely.

21. There are creches and Day Care Centres under several Ministries and Departments which provide care to children of working parents. Under the Department of Probation and Child Care Services there are 492 Day Care Centres.

22. Information is annexed.

EDUCATION, LEISURE AND CULTURAL ACTIVITIES

23. To facilitate school attendance in remote areas many positive steps have been taken. Economic hardships are identified as the main cause for school drop outs and non attendance in Sir lanka. hence the government has introduced support schemes to overcome this situation. In 1980, free school books programme was introduced and all children upto year eleven are given free text books. Government spend Rs. 400,000,00 las year and Rs. 425,000,000 -is being spent this year on this programme. School attendance increased when the Government introduced the mid day meal in 1989. At first, Three rupees per day per child was given and this was later converted to a food stamp (02.05.1990) with which the child was able to set certain specified food items like rice and other food grains. This scheme was tied up with the daily attendance. In the mid 1994 this scheme was replaced by another scheme by which Rs.50 per school going child is given to the household.
One other major economic support introduced in 1993 was the distribution of free uniforms. The government spent Rs. 600,000,000/-in 1994 and Rs. 600,000,000/-is being spent in 1995. This had a tremendous impact on attendance. Besides Government also subsidizes the transport of school children. The Transport Board is provided with a subsidy so that they may issue subsidised season tickets to the school children. Government is proposing to introduce legislation for an Open School to cater to the school drop-outs.
24. Development of Primary schools in the villages and in the estates received attention of the Government. In three major development projects improvement of facilities with foreign assistance has been undertaken. Primary School Development Project and Plantation Sector Education Development Project funded by SIDA and World Bank/IDA supported General Education Project have provided essential infrastructure and quality improvement programmes. Asian Development Bank funded Secondary School Development Project has planned to improve secondary schools in the rural area. Government has taken measures to improve at least one junior secondary school in each Divisional Secretary's Division as centre of exellence and on senior secondary school every five Divisions.

Supply of teachers to the remote schools received priority of the Government. Many steps have been taken to appoint teachers from the rural areas and train them through a crash programme.

To help those who fail to continue in the formal education due to economic constraints, the non Formal Education Programmes in basic literacy, functional literacy and vocational training is provided to cover about 50,000 children yearly. They conduct very flexible programmes with provision for entry or reentry into the formal system. Those are employed or working with their parents, or affected by other difficult circumstances are successfully helped by these programmes which cover the entire country. It has an annual budget of over Rs.35 million.

Special education is provided for children with disabilities under a special scheme with teachers trained in the subject. Special projects have allocated the following amounts of money under each project, for the 5 year period.

ISD Rs.1198 m

DEF (W.B/IDA) Rs.1547 m

SIDA Rs.280 m

All development projects in education funded by foreign agencies i.e. PSDP (SIDA) PSEDP (SIDA) GEP (WB/IDAO, SEDP (ADB) and ISD (local) are aimed at improving the quality of education, specially in the rural areas.

As far as the relevance of education is concerned, the National Institute of Education is engaged in the revision of curriculum and is searching for alternative ways of making school education more meaningful to the learners. Non Formal education programmes provide vocational training to immediate school leavers. Guidance and counselling is being conducted in selected centres, which will be promoted further in the future.

For the improvement of quality of teaching many important steps have been taken recently. Provision of teachers to the remote schools has received priority attention of the government. Four years ago, 35,000 village youth with secondary school education were recruited as teacher-trainees (Apprentices) who were expected to serve the teacher deficit areas. An accelerated distance training programme with SIDA assistance was provided to improve the quality of teachers. Due to recruitment of more and more teachers to serve difficult areas, a remarkable improvement is seen in the pupil teacher ratio from 1:30 to 1:24 during the last 5 years. Teachers who are in service are offered paid leave to obtain training at the Teacher Colleges, Universities and the NIE.

The Distance Education Programme aims at training 55,000 untrained teachers within 5 years. There are 16 Teacher Colleges for inservice training catering to about 4500 teachers. Colleges of Education numbering 11 offers pre service training to 1800 per year. In addition Universities and the National Institution of Education offers Diploma Courses to professionally equip the teachers.

A Teacher Service has been established to ensure better prospects of promotion and salaries to teachers. Management training and in service support service through Master Teachers in an ongoing process of helping the practicing teachers enhance the quality of teaching. A decentralized system of educational administration help monitor the progress.

SPECIAL PROTECTION MEASURES CHILDREN IN SITUATION OF EMERGENCY
(Art. 22, 38 & 39)

25. The Government has been providing all possible support to the refugee and displaced children in their rights to life, survival and development. The children have been provided with food, clothing, schooling and facilities for play. Counselling has been done to help them to get over the mental trauma. The concerted efforts of the Government, International Agencies and NGOO have led to maintain the services for children, specialty immunisation services at reasonably high levels. The Government dry rations in conflict areas amounts to Rs. 2,300 million per year. Majority of the orphaned children are living either in the extended families or in the communities with foster mothers. Small number of them have been institutionalised. The views of the children who were in the age group to understand and express the views have been respected in all relevent matters. The quality of services provided are affected because of the following reasons :

* Shortage of drugs and supplies caused by the breakdown of the private sector. This problem is particularly acute in Jaffna where the burden on the Government institutions has increased.

* The exodus of qualified medical personnel and the displacement of field staff.

* The Breakdown of routine maintenance and repair of equipment.

* The disruption of the supply of electricity to the North.

26. Counselling has helped children to get over the psychological trauma. The catagory of children who are given education in schools mix up with other children and that facilitates social integration. They are provided with facilities for play and recreation. Children who display phychosomatic aliments have been given psychiatric treatment. Special attention and care has been given to the children who are admitted to Homes.

CHILDREN IN CONFLICT WITH THE LAW

(Arts. 37, 39, & 40 of the convention)

The Constitution of Sri Lanka guarantees the following fundamental rights and makes them justiciable.

1. Every person shall be presumed innocent until he is proved guilty. (Article 13 (5))

2. Any person arrested shall be informed of the reason for his arrest. (Article 13 1 )

3. The right to counsel (Article 13 (3)

The right to remain silent will be included in contemplated legal amendments.

The Children and Young Persons Ordinance (CYPO) states that where

the offence is an indictable offence, the court shall tell the young person that he may consult his parent or guardian before replying whether he wishes to be tried by the Juvenile Court or a higher court. (Section 9 (4) (b))
Section 16 of the CYPO states that where a child or young person is charged with any offence his parent or guardian if he can be found and resides within a reasonable distance be required to attend at the court befor which the case is heard during all stages of the proceedings, unless the court is satisfied that it would be unreasonable to require such attendance.
The right to cross-examine witnesses is given under section 9(5) of the CYPO. The right to appeal to a higher court is available under the provision of Judicature Act, No. 2 of 1978.

Section 75 of the Penal Code states that :
Nothing is an offence which is done by a child under 8 years of age.

Section 76 of the Penal Code states that :
Nothing is an offence done by a child above 8 years and under 12 years, who has not attained sufficient maturity of understanding to judge of the nature of consequence of his conduct on that occasion.

Section 11 of the CYPO prohibits the publication in any newspapers etc., of reports of any proceedings before a Juvenile Court except bona fide publications devoted exclusively to the protection or welfare of children and young persons provided such publications do not reveal the name, address, school or other particulars which may lead to the identification of a child or young person concerned in such proceedings.

Section 20 of the CYPO prohibits the publication in any newspaper etc., of reports or pictures of any proceedings in any other court which reveal the name, address, school or other particulars calculated to lead to the identification of any child or young person concerned in the proceedings either as the offender or witness.

Section 15 of the CYPO states that any court on remanding committing for trial a child or a young person who is not released on bail shall instead of committing him a prison, commit him to a remand home or in the residence of a fit and proper person named in the commitment unless where in the case of a young person the court certifies that he is of so unruly a character that he cannot be so committed or that he is of so depraved a character to be so committed.

The right to representation is a fundamental right recognised by the constitution of Sri Lanka. There is also a State sponsored free legal aid scheme. However, there is much to be achieved in making free legal aid available widely. Financial constraints and the lack of volunteer lawyers are the two main shortcomings in the existing system.

There is also system of assigned counsel in the High Court (under the Code of Criminal Procedure Act, No. 15 of 1979) and the appellate courts in the case of criminal matters (Under Rules made by the Supreme Court).

Article 136 of the Constitution (and also section 12 of the CYPC)) enables the Supreme Court to make rules for regulating the practice and procedure in Juvenile Courts. No Rules however have been made under those provisions.

The CYPO recognizes parent participation in proceedings. Section 16 states that where a juvenile offender is charged with an offence, his parent or guardian may in any case, and shall if he can be found and resides within a reasonable distance, be required to attend the court during all states of the proceedings unless it would be uncreasonable to require his attendance.

The parent or guardian so required to attend shall be the parent or guardian having the actual possession and control of the juvenile offender provided that if such person is not the father, the attendance of the father may also be required.

28. Juvenile delinquents are rehabilitated through institutional treatment or non institutional treatment by keeping them under probation. There are 4 Certified Schools run by the state and 1 Approved School run by the catholic church and assited by the state. The Programmes in certified schools are monitored by the Provincial Secretaeries in charge of the subject and Provincial Commissioners of Probation and Child Care Services. Rehabilitation work in these institutions at present are badly affected due to shortage of officers as the vacancies have been remaining unfilled. The Provincial Councils have now called for applications to fill up the vacancies. The Relatives are always encouraged to keep close contacts with their children in these institutions.

Children are allowed even to spend a holiday with families and return to the institutions. Children know that they can complain to higher authorities in case of illtreatment. However, in practice normally they do not complain as they do not want to get the officers displeased. There is a Head Master in Charge of each Boys Certified school and a Head Mistress in Charge of the girls certified school. Children who were attending schools prior to apprehension continue school education in schools in the area. As it is not possible to admit school dropouts or those who have never had school education, to schools due to their age are given general education. There is a teacher in each certified school and as it is not adequate, services of the Department of Education are obtained to give general education to the needy children.

The Head Master/Head Mistress and the staff take care of children. In case of illness medical treatment is given immediately through Government hospitals or private medical practitioners. If it is necessary treatment by specialist doctors is arranged. It is arranged to provide specific training on the provisions of the Convention and international rules concerning the treatment of Young offenders when the vacancies are filled. The relevent documents are available in these institutions and the present officers have a general understanding. Since 01.01.1990 the institutions have been under the provincial administration. There has been an undue delay on the part of the provincial councils to fill up the existing vacancies and that has affected the work adversely. It was not possible to give them adequate training as they could not be made available for such training. After the vacancies are filled necessary training programmes will be conducted.

CHILDREN IN SITUATION OF EXPLOITATION

(Arts. 32-36)

29. It is not yet planned to make a detailed study of the possibility of ratifying ILO contention No.138. However, the Ministry of Labour was requested by the Ministry in charge of Social Services to make such a study.

30. It is hoped to make a comprehensive study on child labour during this year.

31. An effective ongoing programme through massmedia has been implemented to trace child domestics with the help of public. 2000 complaints have been received from the public. When the cases are taken up in courts wide publicity is given through media. This is going to have an impact on reducing the number of child domestics.

For prevention, a public awareness programme has been implemented.

Poverty alleviation is a vital factor for which measures are being taken.

32. The unit of women and children in police headquarter and such units in several police units are very active in cracking down child prostitution and child pornography. The Department of Police, the Department of Probation and Child Care and NGOO are trying making collective efforts to combat these w two menaces. A survery has been conducted through a Professor in Sociology on child prostitution. A public awareness has been created for Protection of children. Legislation is being amended. Draft legislation is under submission to the cabinet.
Elevation of Immunization Coverage - Achieved

The Goal: Elevation of immunization coverage of six antigens of the Expanded

Programme of Immunization to 80% or more.

Immunization protects children from six major childhood killer diseases namely diphtheria, whooping cough, tetanus, measles, poliomyelitis and tuberculosis.

The Government of Sri Lanka in collaboration with UNICEF and WHO into the Maternal and Child Health Care Programme an Expanded Programme on Immunization (EPI). For each infant, the EPI schedule consists of one BCG vaccine, four doses of DPT vaccine, four doses of oral polio vaccine and one dose of measles vaccine. The Epidemiological Unit of the Ministry of Health maintains a surveillance system which measures and reports the immunisation coverage for each of the two hundred and thirty two Medical Officer of Health Areas.

The cost of saving the life of a Sri Lankan child by full immunization is $4.92. To immunize the annual cohort of 350,000 infants, Sri Lanka needs US $1.72 million (or Rs. 86.1 million) per year.

Present Status

As coverage of each vaccine, particularly measles, increased the national immunization coverage reached 85 percent of children one year of age by end of 1993.

Major Tasks Undertaken

_Task force meetings were held to monitor and strengthen coverage.

_Vaccines, cold chain and sterilization equipment were proccured.

_ Quarterly Bulletins on status were issued.

_A cost analysis of the immunization programme at national level was carried out.


Major Tasks Planned

_ Extending coverage to unreached localities.

_Conducting special programmes in conflict affected areas.

_National Immunization Days (NIDS) in seven of the 25 districts.

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Office of the United Nations High Commissioner for Human Rights
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