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Minor evidence, major step

14 Jul 2021

The Cabinet of Ministers recently reached a decision to establish nine Provincial level units with video technology to record evidence from children who have faced abuse, in a bid to avert inconveniences faced by children due to having to give evidence publicly in courts.  The Government’s decision to expand this facility, which is currently limited to Colombo, to other Provinces, is indeed an admirable move. However, in a context where various forms of child sexual abuse and exploitation cases are being reported more frequently, it is imperative that this system, even though it is only capable of addressing a single aspect of the issue, functions properly, and thereby helps the rest of the legal proceedings in child abuse cases, especially the legal action that depends on children’s evidence.  This is a concern because plans and decisions do not always translate to actions at the ground level, and even if concrete actions were taken, Sri Lanka has experienced enough and more instances where people did not benefit from those actions. Also, people’s lack of awareness about the available resources and support systems is another issue that has caused institutions and systems to deliver less in terms of results than their actual potential.  The National Authority for the Protection of Victims of Crimes and Witnesses is one example; despite being a well established institution with an admirable and timely cause and having many eligible people, i.e. witnesses and victims of crimes, who require its protection, there is a question as to why the country hears very little of what it has done. The reasons can be twofold – either that there is some kind of lacuna that needs to be filled to ensure that those who are in need of assistance can and do reach out to it, or that there is no proper mechanism for the public to know what it does.  These two reasons, and the overall situation, leave a question as to what else a system or an institution requires in order to deliver tangible results or to let people know about what it does and can do. Similar questions therefore apply to the proposed evidence recording system for children who have faced abuse, especially due to the sensitive nature of the matters it is expected to help address.  First and foremost, the system aimed at recording the evidence of such children needs to be equipped with not only video technology, but also, and most importantly, professionals who have the expertise, knowledge, experience and sensitivity to deal with such children, because regardless of the nature of the system adopted to record evidence, the evidence still pertains to traumatising experiences. These confidential video recording units therefore need to have the direct involvement of other relevant stakeholders such as child psychiatrists, the National Child Protection Authority (NCPA) and members of the Police Women and Child Bureau, or at the very least, have a mechanism which is based on these parties’ expert knowledge, so as to ensure that this video evidence giving system achieves its intended result, i.e. creating an environment where children feel safe and confident enough to confidentially talk about their experiences. Moreover, when it comes to institutions that directly deal with the public, the nature of the connection they maintain with the public including those seeking support from these institutions is perhaps the basis on which every other element of the support system depends on and starts with. An effective and efficient communication system not only conveys to the public what they can expect from these institutions, but it can also publicise success stories, which in turn would help encourage the people to reach out to these institutions. That should be a basic part of the abovementioned unit and the system it implements. One way of achieving this is having a dedicated officer to manage the public relations aspect of this process – it could be an independent official or a designated official from the public institutions that are a part of this unit.  The bottom line is that without a proper mechanism to implement and coordinate, no system or institution can deliver the intended results, and it would amount to the squandering of funds and cause the public to lose a golden opportunity. Paying attention to these aspects should therefore be a part of the Government’s plan.

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