LACK OF PROGRESS IN CHILD PROTECTION; WHO IS REPSONSIBLE FOR THIS MESS?

Sri Lanka is the ONLY South Asian country committed to Sustainable Development Goal (SDG) 16.2 to end violence against children. Yet, we are paralysed by the rising incidents of physical abuse ending in murder resulting in ten deaths of children in last 16 months. 

The newly established Sri Lanka’s first ‘Child Protection Alliance’ of credible non-governmental organisations committed to protection and promotion of rights of children conducted a series of virtual panel discussions ‘Progress in Child Protection’ during the Mega Month from October 1, to November 20, 2021. 
The series highlighted various aspects of child protection with expert panelists and relevant persons of authority held accountable for the current crisis. The focus shifted from regurgitating the well-recognised problems to finding solutions. 

Why is sex education for children revolting?

The series was kicked off with the participation of the former Chairperson of National Child Protection Authority (NCPA), Prof. Muditha Vidanapathirana, former Commissioner of Human Rights Commission of Sri Lanka, Prof. Prathiba Mahanamahewa, Founder Chairperson of Stop Child Cruelty Trust, Dr Tush Wickramanayaka. Kaushal Ranasinghe, Convener of Alliance of Social Activists moderated the event. 

https://www.youtube.com/watch?v=H6mG9LrwFm0&t=1969s

The key message emphasized during the panel discussion was that it was crucial to provide compulsory age appropriate sexual education from kindergarten onwards to empower all children to cope with their own sexual curiosities in a healthy way and to prevent becoming victims of sexual abuse. However, Prof. Vidanapathirana appeared to reject this call insisting that children require Sexual and Reproductive Health Education, maintaining current failed status quo. Dr. Wickramanayaka immediately conducted a live survey of almost 100 participants watching online who overwhelmingly supported Sex Education but Dr. Vidanapathirana signed off within minutes before the results were declared. The CPA followed the matter through by appealing to Prof. Vidanapathirana, but he resigned from his post abruptly a month later. 

CPA is awaiting a meeting with the newly appointed tenth Chairperson of NCPA established in 1998, Udayakumara Amarasinghe, the fifth Chairperson appointed within last six years. This shows the fragile dysfunctionality of the most powerful institution designated to protect children. 

"The key message emphasized during the panel discussion was that it was crucial to provide compulsory age appropriate sexual education from kindergarten onwards to empower all children to cope with their own sexual curiosities in a healthy way and to prevent becoming victims of sexual abuse"

Is normalisation of underage marriage legalizing rape? 

‘An Inter-faith Dialogue on Child Marriage’ highlighted the necessity to adopt the universal definition of a child i.e. less than 18 years of age across all borders. The expert panelists were Sajeewani Abeykoon, Attorney at Law and Legal Executive of NCPA, Dr. Mahesan Ganeshan, Consultant Psychiatrist, Shreen Saroor, Co-Founder, Women’s Action Network, COSMOS UK and Dr. Tush Wickramanayaka, Founder Chairperson, Stop Child Cruelty Trust representing the CPA. The moderator was Soraya Deen, Lawyer and Community Organiser. There was great debate on the figures shown on Census and Statistics of 2012 on child marriages for each ethnic group in Sri Lanka. Nawas insisted that Muslim Marriage and Divorce Act (MMDA), which has been in reform stages for many years must maintain the status quo of under age marriage in exceptional circumstances. According to Nawas, poverty, security and pregnancy out of wedlock were the main reasons to permit under age marriages. Ms. Abeykoon explained that it was impossible to implement the common law of the country where sex between an adult and girl under age 18 is considered rape when a certain ethnic group is exempted because of their religious beliefs. By normalizing under age marriages it sets precedence to normalise rape and tolerate rapists in society.  Dr. Ganeshan further clarified the life-long trauma these girls are subjected to affecting their mental health and of their families to the eventual detriment to society at large. Saroor who has vast experience working with victims of domestic abuse and marriages re-iterated tremendous loss to these girls. The first thing they lose is their education plummeting them to greater dependency and poverty. Schools in Sri Lanka do not accept teen mothers. Dr. Wickramanayaka whilst acknowledging the rising number of teenage pregnancies rejected the solution of marriage as an alternative. Referring to successful international modules recommended by WHO and UNICEF, she endorsed that Sex Education is a compulsory tool in mainstream education. Adoption, foster care and skill development programmes for young mothers were all alternatives. All agreed that attitudinal changes of adults are critical albeit unpalatable to accept children, even those who may have made mistakes in life, as society’s greatest wealth instead of branding them as social pariahs. (https://m.youtube.com/watch?v=V0mErusPVnU&fbclid=IwAR3dnaz_0AngPy-I3JTp3xupQ3DxaEG-74hhqN6dNwijYU-v74FLdozypoM#dialog)

Why are children exempt from ‘one country one law’?

‘How to Protect the Child Victim’ elevated the conversation of child protection to the law enforcement process. The expert panelists were Priyantha Jayakody, retired Senior DIG, Wijesena Withana, Founder Officer-in-charge of Special Police Investigation Unit, Gayan Gallage, Journalist and Dulan Dassanayake, Attorney at Law, Right to Life Human Rights Organisation represented the CPA.  Dr. Wickramanayaka moderates the discussion. Whilst re-confirming that a child is sexually molested every two hours in our paradise island as per Police crime records of 2019, it was refreshing to hear Jayakody acknowledging certain deficiencies within the service. He endorsed the necessity for Officers to follow the Supreme Court Directives of landmark Case No 677/2012, given against the practices of decorated female OIC. The Supreme Court made 17 recommendations for law enforcement services to follow when dealing with cases relating to children. Withana who has extensive knowledge of the powerful NCPA Act explained that it is unlawful to transfer the task of obtaining video evidence of children by Police officers within Police Stations violating the cabinet decision of August 2021. This exposes the children to greater risk, they are being questioned like criminal without trained psychologists and evidence can be displaced. Dassanayake hailed the recent suggestion to establish separate children’s court to expedite over 20,000 cases of child abuse backlogged over a decade in Attorney General’s department. He encouraged adults not to criminalize children by saying “you will be taken to Police” when they misbehave. Gallage acknowledged Media’s huge responsibility to prevent child victims from being re-victimised. He appealed to his colleagues to adopt a self-governing ethical code when reporting on cases of child abuse to reject the sensational click bait headlines.  

"A Study conducted by NCPA in 2017 on disciplinary practices in schools revealed the shocking evidence of 80% children subject to at least one episode of physical punishment, 53% to physical abuse, and 72.5% to verbal abuse in as short as one school term. 60% of teachers freely admitted they were unaware of positive discipline techniques"

Is corporal punishment a necessary evil?

‘Happier and Safer Education’ was focused on ending violence in classrooms. A Study conducted by NCPA in 2017 on disciplinary practices in schools revealed the shocking evidence of 80% children subject to at least one episode of physical punishment, 53% to physical abuse, and 72.5% to verbal abuse in as short as one school term. 60% of teachers freely admitted they were unaware of positive discipline techniques. The panelists were Ajith Jayasinghe, retired teacher and Editor and Joseph Stalin, General Secretary Ceylon Teachers Union. Mahinda Jayasinghe, General Secretary, Ceylon Teacher Service Union was notably absent. Dr. Wickrmanayaka moderated this thought provoking discussion and the panel dispelled several myths relating to corporal punishment. Ajith Jayasinghe highlighted the need to revolutionaries the whole education system without the unhealthy competition. Stalin endorsed the implementation of Ministry of Education Circular No. 12/2016 forbidding corporal punishment.

However, it was disappointing that  Mahinda Jayasinghe whose Union supports the use of corporal punishment was not present to acknowledge the critical need for teachers to be trained on child psychology and arm them with skills of positive discipline techniques. CPA hopes to obtain the support from Education Authorities to distribute a leaflet to all school entrants in 2022 discouraging corporal punishment. 
Child protection is a collective social responsibility and CPA is hopeful of a new dawn free of violence in our paradise island!
For further details, please visit www.stopchildcruelty.com  or email [email protected]
The writer is the Convener of the CHILD PROTECTION ALLIANCE