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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Scroll to: National Report The overall aim of the national education policy is to ensure universal access to quality education. The adult literacy rate in the country is comparatively high at 90.7 per cent. In Sri Lanka education at primary and secondary level is free and compulsory all over the country, with university education also being free of charge. In order to ensure better access to quality education for high achieving students in less well resourced areas, 15 000 scholarships are provided annually for students moving from primary to secondary level, to national schools throughout the country. Since the education itself is free, the financial component is provided for maintenance purposes. The government has taken action to combat malnutrition among children and expectant mothers. A free mid-day meal which is high in nutritional value is provided to schools where students’ malnutrition levels are over 40 per cent. The programme covers a large number of needy students at a cost of Rs. 721 million per annum. To improve nutritional practices among expectant mothers, a ‘National Nutrition Month’ was declared in May 2006. A free nutritional supplement (Thriposha) is distributed to expectant mothers to improve their nutrition levels. In 2006 there were 715,211 beneficiaries under this programme. The State Pharmaceuticals Corporation has also launched a programme to provide drugs at a reduced price to pregnant mothers, the elderly and to children. Nearly a third of the population of Sri Lanka is below 18 years of age. Sri Lanka is Party to the Convention on the Rights of the Child and both its Optional Protocols. Sri Lanka has a very good record with regard to child development, education and healthcare. A dedicated line ministry – the Ministry of Child Development and Women's Empowerment - with four statutory bodies under its purview namely: Sri Lanka National Child Protection Authority, Department of Probation and Childcare Services, Children's Secretariat and the Office of the Sevana Sarana Foster-Parent Scheme, exists to formulate and implement policies to advance, secure and guarantee the rights of children. The National Plan of Action for the Children of Sri Lanka (2004 – 2008) has, as its main targets, access to education, reducing infant mortality, child labour law enforcement, access to safe drinking water and sanitation and the eradication of several forms of abuse of children. The Children and Young Persons Ordinance forms the legal basis for child protection and covers a vast array of issues. Additionally, Sri Lanka has taken several measures to combat the exploitation and abuse of children. Enhanced statutory penalties have been prescribed for utilisation of children in unsuitable work including compensation in keeping with our obligations under Worst Forms of Child Labour Convention, 1999. The exploitation of children for pornography, sexual exploitation, begging and trafficking also draws heavy penalties. Adoption of children (especially international adoption) is an area of particular concern and, as a state party to the Hague Convention on the Protection of Children and Cooperation in respect of Inter-country Adoption, 1993, a strict legal regime exists to protect children’s interests. The criminal justice system is geared towards the rehabilitation of child offenders. Free telephone hotlines have been established to provide contact in case of any abuse of children. Cyber surveillance operations monitor internet-based predation upon children. The National Child Protection Authority was established in 1998 with the intention of creating a central body that would focus its attention and efforts on preventing child abuse, prosecuting offenders, fostering national awareness of children’s rights, providing policy advice to Government and in assisting victims of abuse. A series of amendments to the Penal Code in 1995 greatly enhanced protection for children by introducing new penal provisions relating to exploitation of and cruelty to children and also prescribing enhanced penalties for a range of offences where the impugned acts were committed against persons under the age of 18. The issue of children and armed conflict has been of particular concern for Sri Lanka. Sri Lanka played an active role in bringing the issue of child combatants to the forefront at the UN. Sri Lanka volunteered to work with the UN Security Council Working Group on Children and Armed Conflict pursuant to SC Resolution 1612 in setting up a Task Force for Monitoring and Reporting as a means to giving effect to the Government’s zero-tolerance policy on child recruitment. All efforts are being made to ensure that children who have been recruited to engage in armed conflict are afforded access to avenues of rehabilitation and reintegration. These efforts are supported by the Commissioner-General of Rehabilitation appointed by the President in 2006 to direct rehabilitation and reintegration of former child combatants into society. In pursuance of its zero-tolerance policy relating to the use of children in armed conflict, Sri Lanka has actively engaged with its international partners including the UN Security Council’s Working Group on Children and Armed Conflict on measures to eradicate this practice. CRC recommended the development of a National Plan of Action on Commercial Sexual Exploitation of Children. UNICEF also informed of the National Action Plan for the Children of Sri Lanka 2004-2008. In 2003, the CRC expressed concern about persisting societal discrimination against vulnerable groups of children. In 2003, CRC and the HR Committee also expressed concern that corporal punishment was permitted as a disciplinary measure in schools, and in prisons. CAT noted the abolition of corporal punishment by Act No. 23 of 2005. CAT expressed serious concern about allegations of continued abduction and recruitment of child soldiers by the LTTE. UNICEF stated that children continue to be recruited or re-recruited by the LTTE and the Tamileela Makkal Viduthalai Pulikal (TMVP). The United Nations Secretary-General noted that both groups continued to abduct children, direct attacks against civilians and impede the access of humanitarian actors and urged the interdisciplinary committee to report on allegations that elements of the Government security forces are supporting the forced recruitment of children by the TMVP/Karuna faction. In 2003, the HR Committee expressed concern, as highlighted also by UNHCR, about the recurrent allegations of trafficking, especially of children. CRC welcomed the Penal Code (Amendment) Act No. 22 of 1995, but expressed concern that existing legislation had not been effectively enforced. CRC reiterated serious concern regarding the low level of minimum age of criminal responsibility, also noted by UNICEF. CRC expressed concern at the high proportion of children, including very young children, working as domestic servants or in the plantation sector, on the street or in other parts of the informal sector. UNICEF informed that maternal and child malnutrition, neonatal mortality and wide disparities in the health and nutritional conditions of children living in conflict-affected and poorer areas represent the country’s most pressing health issues. CRC was encouraged by the education reforms initiated, but expressed concern that the reforms were not consistently implemented. A 2005 UNESCO report mentioned that Sri Lanka is progressing in both access to education and quality education, and that the exclusion from education of Tamil children in the country’s tea plantation area is being addressed.161 UNICEF informed that lack of security and restricted movement continue to affect access to education for children. It noted that schools being used by internally displaced persons (IDPs), and extended absence coupled with disruptions in schools during resettlement, resulted in, inter alia, an increased number of children dropping out of school. UNICEF noted that responding to internally displaced families and children from renewed conflict and the tsunami remains a challenge. Summary of Stakeholders' Information The Joint Civil Society Report (JCSR) noted many instances of children subjected to severe physical and sexual abuse by family members, teachers, and members of the clergy. The Global Initiative to End All Corporal Punishment of Children (GIECP) noted that, at a meeting of the South Asia Forum in July 2006, following on from the regional consultation in 2005 of the UN Secretary General’s Study on Violence against Children, the Government made a commitment to prohibit corporal punishment in all settings, including the home. WMC reported that women held under the public security laws have complained that they are not afforded basic safeguards. Regarding detention centres for girls, there is no separation between girls who have come into conflict with the criminal law and girls in need of care and protection. Sexually abused girls are held in custody until cases against perpetrators have been completed. HRW called on the Government to ensure that all persons taken into custody are held in recognised places of detention, with detailed detention records; detained individuals must be allowed contact with family and unhindered access to legal counsel; they should promptly be brought before a judge and informed of the reasons for arrest and any charges against them. JCSR noted the denial of access to legal termination of pregnancy for women and girls who are victims of rape and incest. SLDF stressed that internally displaced people (IDPs) live in very poor conditions with inadequate access to housing, health care, and education; many have been repeatedly displaced. WMC noted that there is fear amongst families, both within and outside IDP camps, about security of, and sexual violence against young women, resulting in families arranging ‘marriages’ for their teenage daughters. Young girls are not sent to school due to the increased number of checkpoints. At many camps and welfare sites facilities are minimal with regard to health issues, such as family planning, child bearing and feeding infants. - As regards the issue of child soldiers, the Hon. Samarasinghe stated that the Government of Sri Lanka reiterates the position taken in its national report and emphasises its zero-tolerance policy supported by strong legislative measures. The Government was encouraged that the TMVP facilitated the release in April of 39 children held by the paramilitary group known as the Karuna Faction. The Government is pleased to note that UNICEF has recorded a drop of children held by the Karuna Faction from 164 in January 2008 to 76 at the end of April. Unfortunately the figures for the LTTE are not as encouraging. The Government has called on all groups that have used children in armed conflict to cease the practice immediately and to release all minors in their custody. (ii) Interactive Dialogue with the State under Review - Bahrain noted Sri Lanka’s continuous efforts to eliminate poverty and strengthen the right of health and education. It requested additional information on the human rights concepts included in the school curricula and their impact on the quality of teaching. - India noted the success achieved by Sri Lanka in providing free education to its people. - Sweden raised the issue of numerous disappearances and child recruitment, not only related to the LTTE. In spite of numerous national efforts, impunity persists. Calls made for independent international monitoring of the situation has not yet been accepted by Sri Lanka. Sweden urged that (a) measures against impunity in relation to disappearances and child recruitments as well as (b) an acceptance of independent international monitoring be taken up as recommendations. - Belgium condemned the continued recruitment of child soldiers by the LTTE troops. TMPV, which remains close to the Government, also recruits child soldiers. It recommended to Sri Lanka to take judicial and other measures to put an end to the complicity of the army and police in the recruitment of child soldiers in zones under its control. It noted efforts underway with the assistance of the international community for the rehabilitation of child soldiers. The Special Rapporteur on the question of torture noted cases of child soldiers who were arrested and remain under the authority of the anti-terrorist department. Belgium recommended to Sri Lanka to step up its efforts for the rehabilitation of child soldiers – in particular through enhanced cooperation with the international community – and to adopt measures necessary for their rehabilitation in an appropriate environment. - Nepal noted that despite the difficult situation resulting from the armed conflict, Sri Lanka has deployed resources in the fields of education and the protection of children. - Luxembourg noted numerous concerns regarding violations of children’s rights, as well as conscriptions and abductions of children in the immediate vicinity of the official security sites. Luxembourg recommended to Sri Lanka to (a) pursue the ongoing inquiries into allegations of violations of children’s rights, such as conscriptions and abductions of children in the near vicinity of official security sites, and to adopt vigorous measures to prevent such grave violations, in particular in areas held by the government; and (b) take other urgent measures for the re-integration of children who have surrendered to the governmental forces asking for special protection and that are currently held in prisons. - Finland enquired how protection of civilians is ensured during the conflict and expressed particular concern for the situation of journalists and abducted children. - The Holy See commended Sri Lanka on the numerous national human rights mechanisms put in place and attention was drawn to the plight of the many child soldiers who are enrolled by the Tigers, but also, as confirmed by many reports, by the Karuna group, which seems close to the Government. The Holy See encouraged the authorities of Sri Lanka to investigate the involvement of the paramilitary Karuna Group of abducting children for use as soldiers. - Slovenia enquired what the minimum age for voluntary recruitment into Sri Lanka’s armed forces exist, and if so what it is, and about safeguards to ensure that recruitment is not forced. Slovenia recommended to Sri Lanka to investigate allegations of forced recruitment of children by the TMVP/Karuna faction and hold accountable persons found in violation of CRC and its Optional Protocol. - While noting the zero- tolerance policy for child recruitment and steps made to rehabilitate former child soldiers, New Zealand remained concerned at reports that child recruitment continues. New Zealand recommended that Sri Lanka take further steps to improve the effectiveness of its measures to combat the recruitment of child combatants and welcomed Sri Lanka’s comments on this proposed recommendation. - Romania noted the creation of a commission to investigate allegations of abduction and recruitment of child soldiers by various forces, and enquired about how it operates, results achieved, and other measures Sri Lanka will take to fully implement its obligations under Optional Protocol to CRC on the involvement of children in armed conflict. It recommended to Sri Lanka to investigate the role of security forces in child recruitment and hold those responsible accountable. Romania requested information on Sri Lanka’s intentions to combat child labour, the results achieved, and the lack of minimum age for marriage. - Italy recommended that Sri Lanka take further active measures in order to put an immediate end to forced recruitment and to the use of children in armed conflicts by all factions, including the Karuna Group. - Poland enquired about steps taken to combat sexual exploitation of children and child prostitution, especially in coastal resorts. Poland recommended to Sri Lanka to ensure that its domestic legislation is in full compliance with the Convention on the Rights of the Child. - Guatemala enquired whether there are any plans to alter the minimal age of criminal responsibility. - The Democratic People’s Republic of Korea noted progress made in providing essential services as well as the efforts to reach its Millennium Development Goals, especially to increase the literacy rates, school enrolment and health care outcomes. - The Republic of Korea asked about concrete measures taken to prevent the alleged abductions and recruitment of child soldiers. - The United States of America noted Sri Lanka’s struggle against terrorism and recommended the following: (a) demobilise child soldiers by assuring children serving with pro-government militias (forced or voluntary) are released and adequate resources allocated for disarmament, demobilisation, reintegration, repatriation and other activities to halt the unlawful recruitment of children; (b) Sri Lanka’s plan to address the forcible recruitment of child soldiers should be publicised and (c) Sri Lanka should work with international and domestic non-State actors to halt the recruitment and use of child soldiers. - Uruguay asked about measures to ensure that detained children, including those suspected of belonging to the LTTE and those who were forcibly recruited and escaped, are separated from adults and receive special care and attention. - Prof. Rajiva Wijesinha welcomed questions regarding education and language policy, since these would serve to make clear the commitment of the Government to pluralism and equitable development. Though for many years the Official Languages Act had not been implemented properly, this was now being promoted apace and over the last decade bilingualism through education had been implemented, while making English more widely available for reasons of equity. Accepted and Rejected Recommendations The following recommendations were accepted by Sri Lanka: 82 A - 9. Ensure that its domestic legislation is in full compliance with the Convention on the Rights of the Child (Poland); A - 20. Step up its efforts for the rehabilitation of former child soldiers – in particular through enhanced cooperation with the international community – and adopt measures necessary for their rehabilitation in an appropriate environment (Belgium); A - 21. Adopt measures to investigate, prosecute and punish those responsible for serious human A - 22. Take judicial and other measures to put an end to the recruitment of child soldiers in all parts of its territory, and accordingly give further appropriate directions to the security forces and police to ensure their implementation (Belgium); A - 23. Investigate allegations of forced recruitment of children and hold to account any persons found in violation of CRC and its Optional Protocol (Slovenia); A - 24. Take further steps to improve the effectiveness of measures to combat the recruitment of child soldiers (New Zealand); A - 25. Take active measures in order to put an immediate end to forced recruitment and use of A - 30. (a) Pursue the ongoing inquiries into allegations of violations of children's rights in armed A - (b) take other urgent measures for the re-integration of children who have surrendered to the A - 38. Continue to strengthen its activities to ensure there is no discrimination against ethnic The following recommendations were pending or no clear position was offered: 83. Paragraph 36 (Holy See): Paragraph 75 (c) (United States): NC - "To demobilize child soldiers by assuring children serving with pro-government militias (forced or voluntary) are released and adequate resources allocated for disarmament, demobilization, reintegration, repatriation and other activities to halt the unlawful recruitment of children" NC - (d): "Sri Lanka's plan to address the forcible recruitment of child soldiers should be publicized" NC - (e): "Sri Lanka should work with international and domestic non-State actors to halt the The following recommendations were rejected: 84. Paragraph 21 (c) (Canada): Paragraph 49 (Romania):
Tuesday 13th May 2008 - 2.30 p.m. - 5.30 p.m.
Compilation of UN information
Summary of Stakeholder information
Final Report
Accepted and rejected recommendations
The Asian Centre for Human Rights (ACHR) noted that armed opposition groups have been responsible for grave violations of international humanitarian law through killings, abductions and recruitment of child soldiers.
The Sri Lankan Civil Society Working Group on Child Recruitment (SLCSWG) noted that the forced recruitment of children and the use of child combatants have been long associated with Sri Lanka’s violent ethnic conflict. SLDF was dismayed that in spite of assurances given to the UN and international scrutiny, the LTTE and the Karuna Group have not ceased to recruit children nor kept their commitments to release all children in their ranks. SLDF further noted that though the LTTE and Tamil Makkal Viduthalai Pulighal (TMVP), also known as the Karuna group, are primarily responsible for recruitment, given the visible and close association between the TMVP and the Government, the Government cannot absolve itself from taking responsibility for TMVP actions. HRW called on the Government to immediately end all cooperation with the Karuna group in the recruitment of children; and to fulfil its pledge to investigate the role of the security forces in child recruitment and other abductions by the Karuna group, and hold all those responsible accountable.
- Canada recommended that Sri Lanka continue to take steps to ensure that those organisations, with which it is affiliated, like the TMVP, stop recruiting child soldiers and release them. It further recommended that Sri Lanka investigate all allegations of extrajudicial, summary or arbitrary executions and bring the perpetrators to justice in accordance with international standards in order to combat impunity for human rights violations. Canada specifically referred to the public hearings of the Commission of Inquiry which implicated members of the Government and security forces in the murder of five boys in Trincomalee.
rights crimes such as the recruitment of child soldiers, in accordance with international norms and in a transparent manner (Sweden);
children in armed conflicts by all factions (Italy);
conflict, such as conscriptions and abductions of children anywhere and to adopt vigorous measures
to prevent such violations;
governmental forces asking for special protection or who are currently held in prisons (Luxembourg);
minorities in the enjoyment of the full range of human rights, in line with the comments of the
Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial
Discrimination, the Committee on the Rights of the Child, and the Committee on the Elimination of Discrimination Against Women (Mexico);
NC - "To investigate the involvement of the paramilitary Karuna Group of abducting children for use as soldiers."
recruitment and use of child soldiers."
R - "To continue to take steps to ensure that those organizations, with which it is affiliated, like the TMVP, stop recruiting child soldiers and release them"
R - "To investigate the role of security forces in child recruitment and hold those responsible
accountable."