Sri Lanka
03.05.04
Urgent Interventions
Sri Lanka: Lack of due diligence by the State in the case of abuses committed by a teacher
Case LKA 030504.VAW.CC
Violence against Women /Child concern
Ill-treatment / Sexual abuse / Risk to personal integrity / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of various cases of ill-treatment perpetrated by a primary school teacher from the Ampitiya Berawattes College (Kandy, Sri Lanka). Several victims and members of their families filed complaints against the teacher at the school direction and the police, but the responsible authorities did not intervene. On April 2nd 2004, the AHRC released an urgent appeal, urging the Sri Lankan authorities to immediately investigate the case, but no steps have been taken so far.
Background Information
According to the information received, the teacher Mr. V., a 45 year-old Buddhist monk, is alleged to have physically and psychologically harassed children in many different ways since the end of 2002. He also continuously denied the children’s right to freedom of religion. The school principal, Mr L.A.B Kularante reportedly stated: "It is difficult to summarise all the incidents that happened during last two years, as it then is more likely to become a book." For example, he has harassed the catholic students about their religion. On February 8th 2004, he ordered the catholic students of school-year 06 to draw a cross in the sand and then made them jump over it. Three days later, he forced the catholic children of year 07 to draw a bible on the floor and to step on it, while degradingly making a mockery out of it. If the children refused to denounce Jesus Christ, they had to leave the classroom. It is also reported that the catholic boys were forced by the teacher to undress completely and then beaten with a cane on several occasions. He is also reported to sexually abuse children. For instance, on January 22nd 2004, he touched the breasts of 2 girls in front of all the children of school year 07 and said that they should have bigger breasts.
According to the information received, this teacher has a history of child abuse and he was transferred from the Monarangala Vidiyalaya school to the Ampitiya Berawattes College in 2001 amid allegations that he had abused other children. Furthermore, the children at Ampitiya Berawattes College who launched a complaint against him were forced to leave the school. Even though parents informed the principal (an ex-Buddhist monk) and the director of the school several times about the abuses perpetrated by the teacher, no action has been taken yet.
Fellow teachers of the school were also assaulted by Mr.V. On June 24th 2003, he assaulted 24-year old teacher Ms. X verbally and physically, because she selected 4 Buddhist children for dancing during a Christian festival. Although the concerned children gladly participated in the dance, he was furious about this and assaulted her. He also told her not to come back to the school and threatened her with rape. Following this incident, Ms. X went to the Kandy Police Station with her mother and filed a complaint against him (police entry number: C.I.B no; 362/529 of 24-06-2003). However, the police have not started any inquiry or investigation into this matter yet.
When Mr. V. found out, he went to the victim’s house and instructed the house owner to immediately evict her and her family. Three days later, they indeed had to leave. After this, he threatened Ms. X again, saying that she would be kidnapped and raped.
On February 12th 2004, a Salvadorian catholic nun, who worked as a volunteer religion teacher at the school from March 1st 2003 to February 29th 2004, told the children of school year 07 to remove some plants from the flowerbed. When the children were doing so, Mr. V. came and beat 2 of them with a cane. He also lodged a complaint to the education office about removing plants and 2 officers came to the school to investigate the case against the nun. Mr V. finally forced her to leave the school. Since March 2004, she is working at the Hindagala School.
OMCT expresses its deepest concern over the security of the victims and all the other children remaining at the Ampitiya Berawattes College, as well as the continuing lack of willingness of the police to conduct an adequate investigation into the allegations.
OMCT wishes to recall that Sri Lanka, as a State party to the Convention on the Rights of the Child, is bound to the provision that “States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child” (Art 19 (1)). Art. 28 (2) further states that “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention”.
Finally, OMCT would like to remind the authorities of Sri Lanka that the Declaration on the Elimination of Violence against Women, in Art. 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.”
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. Immediately suspend the accused teacher from his functions, while ordering a thorough and impartial investigation into the allegations against him, bring him to trial and apply the penal and/or administrative sanctions as provided by law;
ii. take all measures necessary to guarantee the physical and psychological integrity of all the victims, especially Ms X, as well as of the children remaining at the Ampitiya Berawattes College;
iii. intervene with the proper authorities to ensure that adequate psychosocial assistance is provided to the victims;
iv. guarantee that adequate reparation is provided to them and their family;
v. adopt immediate measures to put an end to all acts of sexual abuse and other forms of violence against women and children;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
President Chandrika Bandaranaike Kumaratunga, Presidential Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 333 703
The Hon Ranil Wickremasinghe, Prime Minister, Prime Minister's Office, 58 Flower Road, Colombo 7, Sri Lanka, Fax:+ 94 1 575 454
Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice, Law Reform and National Integration, Superior Courts Complex, Colombo 12, Sri Lanka, Fax: + 94 1 424 447
Minister of Interior, Colombo, Sri Lanka, Fax: +94 11 2 387 526/698 282
Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 691 926, Fax HOME: +94 11 2 674148
National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road, Colombo 8, Sri Lanka, Fax: +94 11 2 694 924, E-mail: sechrc@sltnet.lk
Mr T Anandaraja, Inspector General of Police, Sri Lanka Police Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 438 915
Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, May 3, 2004.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence against Women /Child concern
Ill-treatment / Sexual abuse / Risk to personal integrity / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of various cases of ill-treatment perpetrated by a primary school teacher from the Ampitiya Berawattes College (Kandy, Sri Lanka). Several victims and members of their families filed complaints against the teacher at the school direction and the police, but the responsible authorities did not intervene. On April 2nd 2004, the AHRC released an urgent appeal, urging the Sri Lankan authorities to immediately investigate the case, but no steps have been taken so far.
Background Information
According to the information received, the teacher Mr. V., a 45 year-old Buddhist monk, is alleged to have physically and psychologically harassed children in many different ways since the end of 2002. He also continuously denied the children’s right to freedom of religion. The school principal, Mr L.A.B Kularante reportedly stated: "It is difficult to summarise all the incidents that happened during last two years, as it then is more likely to become a book." For example, he has harassed the catholic students about their religion. On February 8th 2004, he ordered the catholic students of school-year 06 to draw a cross in the sand and then made them jump over it. Three days later, he forced the catholic children of year 07 to draw a bible on the floor and to step on it, while degradingly making a mockery out of it. If the children refused to denounce Jesus Christ, they had to leave the classroom. It is also reported that the catholic boys were forced by the teacher to undress completely and then beaten with a cane on several occasions. He is also reported to sexually abuse children. For instance, on January 22nd 2004, he touched the breasts of 2 girls in front of all the children of school year 07 and said that they should have bigger breasts.
According to the information received, this teacher has a history of child abuse and he was transferred from the Monarangala Vidiyalaya school to the Ampitiya Berawattes College in 2001 amid allegations that he had abused other children. Furthermore, the children at Ampitiya Berawattes College who launched a complaint against him were forced to leave the school. Even though parents informed the principal (an ex-Buddhist monk) and the director of the school several times about the abuses perpetrated by the teacher, no action has been taken yet.
Fellow teachers of the school were also assaulted by Mr.V. On June 24th 2003, he assaulted 24-year old teacher Ms. X verbally and physically, because she selected 4 Buddhist children for dancing during a Christian festival. Although the concerned children gladly participated in the dance, he was furious about this and assaulted her. He also told her not to come back to the school and threatened her with rape. Following this incident, Ms. X went to the Kandy Police Station with her mother and filed a complaint against him (police entry number: C.I.B no; 362/529 of 24-06-2003). However, the police have not started any inquiry or investigation into this matter yet.
When Mr. V. found out, he went to the victim’s house and instructed the house owner to immediately evict her and her family. Three days later, they indeed had to leave. After this, he threatened Ms. X again, saying that she would be kidnapped and raped.
On February 12th 2004, a Salvadorian catholic nun, who worked as a volunteer religion teacher at the school from March 1st 2003 to February 29th 2004, told the children of school year 07 to remove some plants from the flowerbed. When the children were doing so, Mr. V. came and beat 2 of them with a cane. He also lodged a complaint to the education office about removing plants and 2 officers came to the school to investigate the case against the nun. Mr V. finally forced her to leave the school. Since March 2004, she is working at the Hindagala School.
OMCT expresses its deepest concern over the security of the victims and all the other children remaining at the Ampitiya Berawattes College, as well as the continuing lack of willingness of the police to conduct an adequate investigation into the allegations.
OMCT wishes to recall that Sri Lanka, as a State party to the Convention on the Rights of the Child, is bound to the provision that “States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child” (Art 19 (1)). Art. 28 (2) further states that “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention”.
Finally, OMCT would like to remind the authorities of Sri Lanka that the Declaration on the Elimination of Violence against Women, in Art. 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.”
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. Immediately suspend the accused teacher from his functions, while ordering a thorough and impartial investigation into the allegations against him, bring him to trial and apply the penal and/or administrative sanctions as provided by law;
ii. take all measures necessary to guarantee the physical and psychological integrity of all the victims, especially Ms X, as well as of the children remaining at the Ampitiya Berawattes College;
iii. intervene with the proper authorities to ensure that adequate psychosocial assistance is provided to the victims;
iv. guarantee that adequate reparation is provided to them and their family;
v. adopt immediate measures to put an end to all acts of sexual abuse and other forms of violence against women and children;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
President Chandrika Bandaranaike Kumaratunga, Presidential Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 333 703
The Hon Ranil Wickremasinghe, Prime Minister, Prime Minister's Office, 58 Flower Road, Colombo 7, Sri Lanka, Fax:+ 94 1 575 454
Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice, Law Reform and National Integration, Superior Courts Complex, Colombo 12, Sri Lanka, Fax: + 94 1 424 447
Minister of Interior, Colombo, Sri Lanka, Fax: +94 11 2 387 526/698 282
Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 691 926, Fax HOME: +94 11 2 674148
National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road, Colombo 8, Sri Lanka, Fax: +94 11 2 694 924, E-mail: sechrc@sltnet.lk
Mr T Anandaraja, Inspector General of Police, Sri Lanka Police Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 438 915
Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, May 3, 2004.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.