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Why it takes a village to protect a child

16 Aug 2021

  • Legislation adequate, but enforcement of law and community awareness essential
By Sumudu Chamara The responsibility of protecting the nation’s children does not lie with one law or an institution, and the public, which includes children and parents, also has a massive responsibility in this regard which is, however, not being fulfilled properly, according to the legal experts.  This was noted during an online discussion held by the Capital Law Chambers and Corporate Consultants and its legal arm, C4 Legal, in collaboration with Legal Action Worldwide on 12 August, which was joined by panellists Panacea Solutions Chief Executive Officer Asitha Punchihewa, Attorney-at-Law (AAL) Roma Ranasinghe, and Legal Action Worldwide Operations Director Kate Norton, moderated by AAL Amani Pilapitiya.  The discussion, titled “Child Rights: Violation, Protection, and Prevention Mechanisms”, extensively discussed local and international laws concerning child rights and abuse, the overall situation with regard to child labour, child trafficking, and child abuse and exploitation on the cyber space. Laws and child abuse Throughout the discussion, it was underscored that even though Sri Lanka does have a strong legal framework in line with international laws, its enforcement needs to be strengthened, for which more support from the public and the responsible officials is necessary. It should also be noted that this discussion took place in a context where Sri Lanka has witnessed several incidents of grave child abuse and sexual exploitation in the recent past, which resulted in national-level discussions and compelled law enforcement authorities to take stringent measures and launch new initiatives to nab those involved in such crimes. Punchihewa, noting that various parties such as pediatricians, the society, laws such as the Children and Young Persons Ordinance as amended, and the United Nations (UN) Convention on the Rights of the Child (CRC), have defined the term “child” in different ways, pointed out that Sri Lanka has all the instruments, laws, legally established structures, and cultural settings to protect children, in addition to institutions such as the Women and Child Affairs Ministry, the National Child Protection Authority (NCPA), the Police Women and Child Bureau, and the Probation and Child Care Services Department, as well as various organisations and officials. Adding that various forms of child abuse take place in Sri Lanka despite the existence of these laws, institutions, and procedures, he noted that issues relating to certain laws such as the Muslim Marriage and Divorce Act (MMDA) as amended, continue to affect children. He added: “There are more than 6,000 street children in Colombo alone, and there are more such children in other areas of the country. They are likely to be victims of organ theft, which is not spoken about widely, but I believe that it exists on a much larger scale. Creating a safe environment is difficult when children are abused in their own homes, by their own family members and relatives, and sometimes, respected individuals such as teachers and members of the clergy. According to the statistics, one in five girls and one in 13 boys are being abused, and these are alarming statistics. Those who are being abused are likely to carry serious emotional scars, and there is a chance that the abused could become abusers when they mature.”  Meanwhile, Ranasinghe explained Sri Lanka’s legal framework concerning child abuse and child rights.  “Following the ratification of the CRC, in 1992, Sri Lanka adopted the Children’s Charter. Even though this is not a binding legal instrument, as a sort of a policy document, it guides us for necessary policy reforms. In Sri Lanka, the age of majority is 18, as per the Age of Majority Ordinance as amended in 1989. Also, there are provisions in the 1978 Constitution, under Chapter III which focus on fundamental rights, and these provisions are applicable to protect persons including children. There are two categories, namely, those universal in character and therefore apply to every person, and those that apply only to every citizen. “Article 19 of the CRC defines the scope of State responsibility in protecting the child, and it includes all forms of physical and mental violence, injury, maltreatment, and abuse. In Sri Lanka, the legislation regarding children’s rights dates back to the colonial era, as the Penal Code was enacted in 1883. It provides for the protection of children. Sections 75 and 76 of the Penal Code, which focus on the minimum age of criminal liability, were amended by Act No. 10 of 2018, increasing the minimum age from eight to 12 years.” She explained that the existing legal framework, i.e. the Penal Code, prevents child abuses under Section 19 as amended in 1995. Said Section, among other provisions, states: “Whoever commits grave sexual abuse on any person under 18 years of age shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 20 years, and with a fine, and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed, for the injuries caused to such person.” Child labour and trafficking Child labour and child trafficking are still pressing issues in Sri Lanka as far as children’s rights are concerned, even though the authorities are taking measures to strengthen the relevant laws dealing with such.  In light of this year’s World Day Against Child Labour, the National Child Protection Authority (NCPA) announced that the minimum age for employment has been increased from 14 to 16 years. In the announcement, NCPA Chairman Prof. Muditha Vidanapathirana had said: “As far as child labour is concerned, this year can be considered rather special, as on 18 January 2021, it was possible to pass a special Act – the Employment of Women, Young Persons, and Children Act No. 2 of 2021 – with regard to child labour. The Employment of Women, Young Persons and Children Act No. 47 of 1956 as amended had prohibited children up to 14 years of age from working. This new Act, however, changed it to 16 years.”  Now however, the authorities have informed that moves are afoot to further increase the minimum age of employment to 18 years. Ranasinghe explained the concept of child labour and the applicable local laws: “According to the International Labour Organisation (ILO), child labour refers to work that deprives children (any person under 18 years) of their childhood, their potential, and their dignity, and that is harmful to their physical and mental development. Most extreme forms of child labour involve, among other things, children being enslaved and/or separated from their families and/or exposed to hazardous illnesses, often at a very early age.” She added that child trafficking is covered in the Penal Code (Amendment) Act, No. 16 of 2006, which is in complete agreement with the international treaties regarding the same. However, in addition to these legal provisions, she mentioned that the UN Educational, Scientific and Cultural Organisation (UNESCO) recognises another law Sri Lanka has regarding the same, i.e. the Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Act, No. 30 of 2005. During the discussion, Ranasinghe highlighted that when it comes to the trafficking of children, the child’s consent is irrelevant, and explained the nature of child trafficking/labour in Sri Lanka: “Even though before the 1990s, domestic labour was widely available in Sri Lanka, this situation got better; this transformation has been the result of greater awareness. However, tea and tourism industries still engage children in their sectors. Especially when it comes to the plantation sector, there are many reasons that force children to work.  “One of these factors is alcoholism. When the father, or sometimes both parents, are addicted to alcohol, it shatters families. Another main factor is poverty. They do not have money for children’s education, and some parents have a perception that sending children to work is akin to getting credit, while sending children to school is considered debt. Besides poverty, the lack of education and lack of awareness of its importance are also the main reasons why plantation sector based parents allow and encourage children to work.” She also referred to a statement made by Amnesty International (AI) last year, regarding plantation sector children. The AI statement reads: “The disruption caused by Covid-19 school closures has placed children belonging to plantation communities at risk of being left behind. If the State fails to deliver effective, innovative, timely, and multi-sectoral responses, the children in plantation communities are in danger of not only dropping out of school but also being pushed into child (including bonded) labour”. AI added that the commitment of the Government of Sri Lanka as a part of Alliance 8.7 and its goal towards eradicating child labour by 2022 calls for bigger and bolder actions, and that if the Government is going to make significant progress towards meeting this goal, it must take more concerted efforts to meet its obligations towards ensuring that all Sri Lankan children can exercise their right to education. Global legal framework Meanwhile, elaborating on the global legal framework regarding child abuse and child rights, Norton stressed that the CRC ratified by Sri Lanka forms the backbone of child rights in the international context. She added that it is not to say that children did not have rights before 1989, and that all other human rights instruments such as the right to life and freedom from torture, as well as many of the civil, economic, and social freedoms/rights apply equally to children. Explaining that some child protection practices go beyond the laws and regulations, she noted that even prior to the 20th Century, there was always an understanding within the society about parenting, which involves looking after, protecting, and educating children. “The CRC, however, is unique, because it pulls all fundamental rights together, and recognises the role of children as social, economic, political, civil and cultural actors. Not only does the CRC aim to protect children, it also sets out provisions regarding the children’s right to participate in decision making processes that affect their lives,” she explained. Adding that the CRC is not only a legal instrument aiming to protect children, even though it is the most prominent and most ratified, she noted that there are two notable global frameworks that protect children. Among these are the Committee on the CRC, which requires all countries to report on the progress of the implementation of the CRC, which is usually done by civil society organisations through shadow reports, and the frameworks regarding the sustainable development goals (SDGs), which sets goals that directly impact children, such as poverty, education, gender equality, hunger, and equality. Even though these obligations are mostly for the State, according to Norton, addressing social norms regarding children’s safety is also important, and a lot of activities take place in the world in that connection too.  Role of the media The discussion also focused on the role of the media, especially social media, in ensuring children’s protection, particularly in the context of the prevailing pandemic. According to Punchihewa, who spoke about it, the media has a huge role in protecting vulnerable and marginalised communities, including children, and knowingly or unknowingly, certain media have a tendency to promote certain concepts that may lead to child abuse or things detrimental to children. He added: “Large corporations use the media to promote unhealthy products that have long term effects on children, but media institutions do not seem to bother. Children being used for advertisements is another concern, and I think that we should not support such, as it might lead to abuse. Furthermore, the way the media portrays victims and abusers could be detrimental in the Sri Lankan context. Social media is one form of media that paves the way for abuse, as it is a place where cyber bullying takes place. However, unfortunately, parents do not always have the skills required to monitor children’s activities. Usually, affected children have low social skills and interactions.” To address these issues, he said that Sri Lanka needs to hold duty bearers accountable, make the public aware of the situation, and share relevant information as much as possible.  “Every person and institution has an obligation in this connection,” he opined, adding that while the country sees organised child trafficking and child labour as issues, other problems such as child pornography are also increasing mainly due to increased technology use. During the discussion, it was also stressed that unlike before, when slavery existed openly, child trafficking, which can be called a form of modern-day slavery, remains rather hidden today. However, the fact that it remains hidden prevents such from being identified by the authorities, although it is among the biggest money-making businesses in the world. Those who spoke also emphasised that when it comes to addressing issues pertaining to child abuse, there is a lot that the public can do to help the authorities tackle it; however, the public’s reluctance in extending support, mostly due to their unwillingness to deal with law enforcement authorities and agencies, has hindered the authorities from receiving this support.  As they stressed, laws and institutions alone cannot protect children, and the support of the public, the media, and educators are also necessary, and it is a responsibility that each party should voluntarily take.  Note: The public can contact the NCPA via the hotline 1929 or the 1929 child protection app to inform of the recruitment of children under 16 years of age, and the recruitment of children between 16 and 18 years for dangerous or unsafe jobs, as it is the public’s responsibility to do so.   

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