SRI LANKA: Children's Rights in UN Treaty Body Reports

Submitted by crinadmin on

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

Scroll to:

_____________________________________________

UN Human Rights Committee
 

CCPR/C/SR3126

Adopted by the Committee: 27 October 2014

Published by the Committee: 31 October 2014

Issues raised:

Ratification:

The Committee welcomes the ratification of, or accession to, the following international instruments by the State party The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2006 (para.4).

Health:

The Committee recommends that the State party should ensure that reproductive health services are accessible to all women and girls in every region of the country. It should strengthen education and awareness programmes at the formal level (in schools) and at the informal level (through the media and other means of communication) on the importance of using contraceptives and on sexual and reproductive health rights (para.10).

Torture:

The Committee is concerned about reports of torture and other ill-treatment, including sexual violence, of adults as well as juveniles who are arrested and/or detained (para.16).

Detention:

The Committee recommends the State party to ensure separation of pre-trial detainees from convicted prisoners and juveniles from adults (para.18).

Corporal Punishment:

Committee notes with concern that corporal punishment traditionally continues to be accepted and practised as a form of discipline by parents and guardians. (arts. 7 and 24) The State party should take practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects (para.19).

Education/Discrimination:

The Committee is concerned about the restrictions and conditions placed on the enjoyment of cultural, linguistic and religious freedoms of minorities in the State party, such as the Muslim, Tamil and Christian communities, including refusal of school admission on grounds of religion (para.23).

 

(CCPR/CO/79/LKA)

Last reported: 31 October and 3 November 2003
Concluding Observations adopted: 6 November 2003

Concerns raised:

  • Corporal punishment in schools. The Committee is concerned that corporal punishment is still permitted under law, and despite directives issued by the Ministry of Education in 2001, it is still taking place in schools. The Committee urges the abolition of all forms of corporal punishment as a matter of law, and to enforce these measures in primary and secondary schools (para. 11).
  • Recurrent allegations of trafficking, especially of children. The Committee urges the State party to vigorously pursue the State's public policy to combat trafficking in children for exploitative employment and sexual means, especially through the implementation of the State's National Plan of Action (para. 14).
  • Personal laws discriminating against women, especially the age of marriage. Although the Committee commends the State party for introducing legislation since 1995 which was designed to improve the situation of women, the Committee remains concerned about the contradiction between the Constitution's guarantee of fundamental rights and certain personal laws discriminating against women, especially regarding the age of marriage1. The Committee urges the State party to complete the ongoing legislative review process and reform all discriminatory laws, to bring them into conformity with the Covenant (para. 19).

1 The minimum age of marriage was raised to 18 years of age, under the "Marriage Registration (Amendment) Ordinance of 1995". However, there is no minimum age of marriage under Muslim law. Generally, if a bride is under 12 years of age, a Quazi (Muslim judge) would have the right to exercise some control over solemnising such marriages (Article 23, paragraph 392 of the State party's report to the Committee).

------------------------

UN Human Rights Committee (monitors civil and political rights): Follow-up

(CCPR/CO/79/LKA/Add.1)

1 December 2003

No specific mention of children's rights.

_____________________________________________

UN Committee on Economic, Social and Cultural Rights

E/C.12/LKA/CO/5

Last reported: 4 February 2016

Concluding observations issued: 23 June 2017

Positive aspects: The Committee welcomes the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol), in 2015 (para. 3).

Issues raised:

Non-discrimination: The Committee, while welcoming the National Plan of Action for the Social Development of the Plantation Community (2016-2020), is concerned that the Up-Country community (or so-called “Plantation Tamils”) suffer from direct and indirect discrimination (including caste-based) with regard to most Covenant rights, including high levels of poverty, poor working conditions, inadequate housing conditions, lack of access to health care, lack of quality education and high drop-out rates, child labour, and a lack of citizenship or identity documents.(arts. 2, 7, 11, 12, 13) (para. 15).

The Committee recommends that the State party take steps to prioritize the implementation of the National Plan of Action for the Social Development of the Plantation Community, in particular to eradicate poverty, ensuring adequate water and sanitation, expedite measures foreseen to construct individual houses for persons living in line rooms, addressing child malnutrition, and access to quality health care. (para. 16).

The Committee is concerned that consensual same-sex sexual conduct continues to be criminalized. It is concerned that discrimination against LGBTI persons is widespread, including in law enforcement, employment, health care, housing and education, and that LGBTI persons have been subject to threats and attacks on social media on the basis of their sexual orientation or gender identity.(art.2) (para. 17)

The Committee urges the State party to amend the Penal Code with a view to decriminalizing consensual same-sex conduct. It recommends that the State party take urgent steps to combat and prevent violence against LGBTI persons and ensure their equal enjoyment of all human rights, in particular their right to health, education, work and housing. It also recommends that the State party develop and implement training programs to educate and sensitize law enforcement, teachers, health care workers and public employees on LGBTI related issues. (para. 18)

Sexual and gender based violence: The Committee is concerned that the incidence of sexual and gender based violence, including domestic violence, remains high and is increasing and that marital rape is not a punishable offence. It is furthermore concerned that support services and redress mechanisms remain suboptimal, including as a consequence of insufficient number of Tamil speaking female staff in the Bureaus for the Prevention of Abuse of Children and Women in the North and East and an insufficient number of safe houses across the country. The Committee is concerned about particularly high hazards facing displaced girls and women.(art. 10) (para. 39).

The Committee recommends that the State party ensure that the national legal framework offers effective protection against sexual and gender based violence, including through the criminalization of marital rape. It recommends that the State party effectively implement the National Action Plan on Sexual and Gender Based Violence 2016-2020, including by increasing the number and improving the accessibility of shelters and ensuring that victims are not denied the right to make complaints in Tamil (for example by offering interpretation at police desks, in government departments and hospital gender based violence desks). The Committee also recommends that the State party intensify public awareness efforts to address discriminatory stereotypes against women and gender-based violence (para. 40).

Protection of children: The Committee is concerned that child or early marriages are allowed under the Muslim Marriage and Divorce Act. (art.10) (para. 41).

The Committee recommends that the State party amend the Muslim Marriage and Divorce Act and General Marriages Ordinance to prohibit child marriages, and eliminate practices that encourage child marriages, including through awareness raising and engagement with religious leaders (para. 42).

The Committee is concerned about the high incidence of child abuse, including cruelty against children and neglect, as well as sexual abuse and harassment. It is also concerned that, despite significant progress made, children remain employed as street vendors, in domestic service, as well as in agriculture, mining, construction, manufacturing, transport and fishing.(art. 7, 10) (para. 43).

The Committee recommends that the State party urgently adopt the draft national Child Protection Policy, create a comprehensive child protection system, and prioritize the implementation of the National Child Protection Programme adopted in 2017, ensuring sufficient mechanisms for children to report domestic violence or abuse and providing dedicated capacities in police stations to handle abuse complaints.  It also recommends that the State party intensify efforts to eliminate child labour, in particular by implementing the National Policy to End Child Labour adopted in 2017 (para. 44).

Education: The Committee is concerned that, despite concerted efforts taken, regional disparities remain in school infrastructure, availability of water and electricity in educational institutions, deployment of trained educational personnel, curriculum contents, as well as with regard to transport of pupils. These disparities, lead to differences in access to and quality of education. The Committee is also concerned about the hidden financial costs of schooling, in particular donations for school admittance that constitute de facto bribes burdening low-income and underprivileged households with additional costs. It is furthermore concerned at the commodification of education.(art.13) (para. 63).

The Committee recommends that the State party take urgent steps to address regional disparities in education, improve educational standards, technical and infrastructural facilities, as well as the availability of qualified teachers (including Tamil-speaking teachers), in particular in conflict-affected areas. It urges the State party to significantly increase its public spending on education, and establish the envisaged Education Inspectorate. The Committee also urges the State party to address the hidden financial costs of the public education system, ensuring its affordability, and eliminating the practice of donations for school admittance (para. 64).

The Committee is concerned that many children with disabilities still do not receive primary, secondary and university education (enrolment rates are 34.6 percent, 33.8 percent and 1.3 percent, respectively) and that persons with disabilities in higher education face difficulties in accessing facilities and information, and that their choice of subjects is limited.(art.13) (para. 65).

The Committee recommends that the State party intensify its efforts to ensure that all children with disabilities have access to and receive quality inclusive education (para. 66).

Cultural rights: The Committee is concerned that the Official Languages Law and National Trilingual Policy are not effectively enforced, and that state offices and government departments do not have adequate capacity to communicate with Tamil-speaking citizens in their native language and thus to provide fair and equal access to state services. It is also concerned that less than 1 percent of schools offer teaching in all three languages and that there is a shortage of Tamil-language teachers, especially in the hill country.(art.15) (para. 67).

The Committee recommends that the State party take immediate steps to ensure effective implementation of the Official Languages Law and National Trilingual Policy, including through a sufficient number of Tamil-speaking public officials and interpreters in every government institution, including at the provincial level, as well as the allocation of adequate financial resources for its implementation (para. 68).

The Committee is concerned at the socioeconomic marginalization of the Veddah people. It is also concerned that the state regulation of land, forest and agriculture, in particular the designation of large tracts of land as national parks and sanctuaries, has had a detrimental impact on the livelihoods and traditional ways of living of the Veddah people, and has led to repeated displacement. The Committee is alarmed by the fact that only around 20 percent of the children of the Veddah people attend school, including as a consequence of early marriages.(arts.2, 15) (para. 69).

The Committee recommends that the State party conduct a comprehensive census which includes the element of the right of free self-identification of the Veddah people and address the root causes of their socioeconomic marginalization. It also recommends the State party ensure that the declaration of land as national parks and sanctuaries is always done in close consultation with those affected, especially the Veddah people. The Committee also urges the State party to undertake that all Veddah children attend school until the end of compulsory school age. The Committee also recommends that the State party ratify ILO Convention 169 on Indigenous Peoples (para. 70).

---------------------------

(E/C.12/LKA/CO/2-4)

Last reported: 8 and 9 November 2010
Concluding Observations adopted: 19 November 2010

Concerns raised:

  • Ostracism of Veddah children. The Committee is concerned about the ostracism of Veddah children in the school system, and more generally, the stigmatism of Veddahs in the State party. The Committee recommends that the State party consider ratifying ILO Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries (para. 11).1
  • Institutionalisation of children with disabilities. The Committee is concerned that families of disabled persons receive limited support from the State party and therefore continue to resort to institutionalising their children with disabilities, often for long periods. The Committee also expresses concern that a large proportion of children with disabilities - mostly girls - remained deprived of any type of educational opportunities. The Committee calls upon the State party to gather accurate disaggregated statistical data on children with disabilities and ensure that all these children, particularly girls, had access to education. The Committee encourages the State party to ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol (para. 14).
  • Personal laws regarding early marriage of girls still not repealed. The Committee is concerned that, despite repeated recommendations made by treaty bodies, the State party has still not repealed personal laws discriminating against girls, such as the provisions of the Muslim Personal Law allowing early marriage of girls as young as 12 years old. The Committee notes with serious concern that the Women's Bill does not protect girls from all communities from early and forced marriage. The Committee calls upon the State party to take immediate action to amend the Muslim Personal Law and to put it in conformity with its national legislation with the view to outlaw early marriage (para. 15).
  • Impact of labour migration on families. The Committee is concerned that the State party had not studied the impact of massive labour migration of Sri Lankan women on their families. The Committee encourages the State party to take all necessary measures to ensure that families, and especially the children of migrant workers, are able to fully enjoy all their rights (para. 21).
     
  • Domestic violence against children. The Committee expresses deep concern about the high incidence of domestic violence against women and children, and that the provisions of the Prevention of Domestic Violence Act No. 3 of 2005 remains insufficiently known, notably by the police. The Committee also notes with concern the absence of temporary shelters for children victims of domestic violence. The Committee urges the State party to take active measures to combat domestic violence and to enforce the Act, including through recruitment of additional female police officers. The Committee also encourages the State party to ensure victims of domestic violence could find safe lodging in crisis centres and shelters throughout the country (para. 24).
  • Non-enforcement of child labour laws. The Committee is deeply concerned that no effective measures had been taken by the State party to enforce child labour laws, despite previous recommendations by the Committee. The Committee urges the State party to adopt effective measures to combat child labour (para. 26).
  • Sexual abuse and exploitation of children. The Committee is deeply concerned about the continued sexual abuse and exploitation of thousands of children, including in child sex tourism. The Committee has grave concerns that the perpetrators are rarely prosecuted, and noted that child victims could still be excluded from the protection of the law and placed on remand for conducting prostitution. The Committee calls upon the State party to amend its legislation against child sexual exploitation so that it did not criminalise child prostitutes. The State party should report the results achieved of the implementation of the 2006 national Plan of Action against Child Sex Tourism in the State party's next periodic report to the Committee. The Committee requests the State party to take more active measures to bring perpetrators of child sexual exploitation to justice (para. 27).
  • Adults and children in prisons not separated. The Committee is concerned that children are not regularly separated from adults in prisons. The Committee recommends that the State party remove children from adult detention facilities (para. 32).
  • Malnutrition and nutrition status of IDPs. The Committee expresses concern that malnutrition is affecting nearly one-third of children and that the nutrition status of children who are internally displaced persons remains an issue of serious concern. The Committee urges the State party to adopt necessary measures to protect the right to adequate food (para. 33).
  • Psychosocial assistance for children. The Committee is concerned that mental health services remained insufficient to cope with widespread post-conflict mental disorders. The Committee recommends that the State party adopt the draft Mental Health Act of 2007 and to formulate strategies to strengthen available psychosocial assistance, especially for children (para. 35).
  • Investment in education. Although the Committee commends the achievements of the State party in primary school enrolment and gender parity, it notes with concern that public investment in education was at a relatively low level, in spite of the many different needs within the education system, including in conflict-affected areas. The Committee is also concerned about the high school dropout (one in five children) before completion of the compulsory nine-year cycle, mainly due to the low quality of education and school fees despite the constitutional guarantee of free education. The Committee recommends that the State party significantly increase its funding of the public education system and ensure the effective abolition of school fees. The Committee calls upon the State party to take active measures to reintegrate children in conflict-affected areas into education through rehabilitation of school facilities (para. 36).

1 Part VI of the ILO Convention No. 169 (1989) concerns education, and Article 26 in particular states that "Measures shall be taken to ensure that members of the peoples concerned have the opportunity to acquire education at all levels on at least an equal footing with the rest of the national community."

_____________________________________________

UN Committee against Torture

CAT/C/LKA/CO/5

Adopted by Commmittee: 15-16 November 2016

Published: 30 November 2016

Issues Raised:  

Sexual Abuse:

Recalling previous recommendation (CAT/C/LKA/CO/3-4, para. 23) with regard to the alleged sexual exploitation and abuse of minors by military members of the Sri Lankan contingents deployed in the United Nations Stabilization Mission in Haiti (MINUSTAH), the Committee remains concerned that only 23 out of more than a hundred members accused were convicted. While noting that the disciplinary punishments were imposed by an Army Court of Inquiry which, according to the State party, acted according to due process, the Committee regrets the failure of the State party to clarify the type of disciplinary punishments meted out and the penalties which were imposed for these serious crimes. The Committee takes note of the information that a stringent vetting process applies to the selection of officers for peace keeping missions, but regrets the lack of clarification as to whether any of the soldiers accused of child abuse in Haiti would be deployed to the upcoming peace-keeping mission in Mali (para. 41).

The Committee calls upon the State party to share with the Committee information regarding the investigation of military staff deployed in MINUSTAH on charges of child abuse, including the report of the UN Office of Internal Oversight Services, as well as the number of indictments, prosecutions, if any, and penalties imposed. The State party should also ensure that those responsible for such acts are criminally punished in accordance with the seriousness of their acts and that victims receive redress, including just and adequate compensation, as complete rehabilitation as possible. The State party should take effective steps to prevent this type of abuse in peace keeping operations, including the provision of specific training on the prevention of sexual abuse. For this purpose, the State party should take effective measures to vet any individual, including commanders, who have been involved in child abuse in Haiti as well as other human rights violations in Sri Lanka in order to ensure that they are not deployed to UN peacekeeping operations (para. 42).

 

CAT/C/LKA/CO/3-4

Last reported: 8 / 9 November 2011
Concluding Observations issued: 8 December 2011

Issues raised:

Detention: The Committee is concerned at the deplorable levels of overcrowding and poor conditions prevailing at police stations and prisons, especially the lack of hygiene, inadequate medical care, the non-separation of convicted and remand prisoners and the failure to keep adult detainees and juvenile offenders separate, as reported by the Special Rapporteur on the question of torture (A/HRC/7/3/Add.6 and A/HRC/13/39/Add.6). In this respect, the Committee regrets the absence of information provided by the State party on measures taken to improve conditions of detention for those held on remand and for convicted persons (arts. 11 and 16). Paragraph 14.

The State party should:

(a)     Ensure that conditions of detention in the country’s prisons are compatible with the Standard Minimum Rules for the Treatment of Prisoners and the Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);

(b)     Increase its efforts to remedy prison overcrowding, in particular by instituting alternatives to custodial sentences;

(c)      Continue to expand the prison infrastructure and the remand centres, including those for juvenile offenders;

(d)     Take effective measures to improve the adequacy of health-care resources in penitentiary institutions, and ensure that the medical assistance given to detainees is of high quality.

Sexual exploitation: The Committee expresses its grave concern over the alleged sexual exploitation and abuse of minors by military members of the Sri Lankan contingent of the United Nations Stabilization Mission in Haiti (MINUSTAH) that occurred in 2007. While noting the information provided by the State party’s delegation that the troops in question were repatriated and dealt with under military law, the Committee regrets the lack of information available regarding any specific charges or punishments faced by the 114 members of the Sri Lankan contingent who were repatriated on disciplinary grounds (arts. 2, 5, 12 and 16). Paragraph 23.

The State party should conduct investigations into the allegations of incidents of sexual exploitation and abuse by military members of the MINUSTAH’s Sri Lankan contingent and report their findings and measures taken in response, including the resulting number of indictments, prosecutions and convictions, and measures taken to prevent further occurrences. The Committee encourages the State party to pursue its cooperation with the relevant United Nations departments to ensure progress in this matter.

 

Trafficking: While noting the adoption in 2006 of the Penal Code (Amendment) Act No. 16, the Committee is concerned about persistent reports of trafficking of women and children within the State party for the purposes of forced labour and sexual exploitation, the low numbers of convictions related to human trafficking and the detention of trafficking victims. The Committee is similarly concerned at the reported abuses of many Sri Lankan migrant workers, especially women, who travel abroad and subsequently face conditions of forced labour or other abuse in the host country, as alleged by the representative of the State party. In this regard, the Committee notes with interest the statement of the representative of the State party that the draft National Action Plan on Human Rights contains a section devoted to the protection of Sri Lankan migrant workers (arts. 2, 12 and 16). Paragraph 24.

The State party should:

(a)     Increase its efforts to combat trafficking in human beings by taking effective measures to investigate, prosecute and punish those responsible and by further strengthening international cooperation with countries of origin, transit and destination;

(b)     Review legislation and practices to prevent victims of trafficking from being prosecuted, detained or punished for the illegality of their entry or residence or for the activities they are involved in as a direct consequence of their situation as victims of trafficking;

(c)      Instruct consular or diplomatic authorities to provide protection and assistance to Sri Lankan migrant workers to protect their rights to be free from violence, confinement and abuse in violation of the Convention;

(d)     Consider the possibility of ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime

Corporal punishment: The Committee notes that, while corporal punishment is prohibited as a penal sentence under the Corporal Punishment (Repeal) Act No. 23 of 2005, it is not prohibited as a disciplinary measure in penal institutions for juvenile offenders, in the home or alternative care settings, under article 82 of the Penal Code. The Committee also notes with concern that, despite the issuance of Circular No. 2005/17, by the Ministry of Education in 2005, stating that corporal punishment should not be used in schools, there is no prohibition in law and its use is still widespread. (arts. 10 and 16) Paragraph 30.

The State party should consider amending its Penal Code, with a view to prohibiting corporal punishment in all settings and raising public awareness.

Previously reported: 10 and 11 November 2005

(CAT/C/LKA/CO/2)

Concerns raised:

  • Sexual violence and abuse of women and children in custody. The Committee is concerned about continued allegations of such abuse, including by law enforcement officials. The State party should ensure procedures are in place to monitor law enforcement officials' behaviour and to promptly investigate all allegations of torture and ill-treatment with a view to prosecuting those responsible. The State party should also consider setting up children's desks at police stations in conflict areas. The Committee requests the State party to provide disaggregated data, especially by age, on complaints relating to torture and ill-treatment allegedly committed by law enforcement officials and on related investigations and prosecutions in its next report to the Committee (paras. 13 and 19).
  • Child soldiers. The Committee expresses serious concern about allegations of continued abduction and military recruitment of child soldiers by the Liberation Tigers of Tamil Eelam. The State party should take necessary steps to prevent such abductions and recruitment into the military and to facilitate the reintegration of former child soldiers into society (para. 17).

------------------------

UN Committee against Torture: Follow-up

(CAT/C/LKA/CO/2/Add.1)

No specific mention of children's rights

_____________________________________________

UN Committee on the Elimination of Discrimination against Women

CEDAW/C/LKA/CO/8

Concluding observations published: 3 March 2017       

Last reported: 30 April 2015

Positive developments: The Committee welcomes the progress achieved since the consideration in 2011 of the State party’s combined fifth to seventh periodic reports (CEDAW/C/LKA/5-7) in undertaking legislative reforms, in particular the adoption of:The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol), in 2015 (para 4).

 

Discriminatory laws: The Committee draws attention to the links between articles 1 and 2 of the Convention and Sustainable Development Goal 5, target 5.1 to end all forms of discrimination against all women and girls. The Committee reiterates recommends that the State party accelerate its law reform process, with the full participation of women, and ensure, within a specific time frame, to review and repeal all discriminatory laws that violate fundamental rights, in particular the following: Amend all Personal Laws, including the Muslim, Kandyan and Tesawalamai Personal Laws, to remove discriminatory provisions regulating ownership, inheritance, transfer and disposal of land and property, as well as provisions regulating legal capacity, marriage, divorce, and child custody (para 13).

Access to Justice: The Committee is concerned about persisting barriers to women’s access to justice, including social and cultural stigma, which deter women and girl victims from reporting sexual and gender-based violence, as well as fear of reprisal. The Committee recommends that the State party enhance women’s legal literacy and raise awareness on the part of women and men of their rights in order to eliminate the stigmatization of women and girls who claim their rights (paras 14, 15).

Stereotypes and gender-based violence against women: The Committee remains concerned at the persistence of patriarchal attitudes and discriminatory stereotypes that condone a culture of impunity for acts of sexual and gender based violence. It notes with concern the lack of systematic data collection on the investigation, prosecution and sentencing of acts of gender-based violence against women, limited access for women and girls to victim assistance and protection, and the number of shelters in the State party. The Committee recommends that the State party ensure systematic collection and analysis of data on all forms of gender-based violence against women, disaggregated by age, ethnic group, region and relationship between the victim and the perpetrator, as previously recommended by the Committee (paras 22, 23).

Trafficking and exploitation of prostitution: The Committee draws attention to Sustainable Development Goal 5, target 5.2, to eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation, and recommends that the State party prevent, prosecute and adequately punish traffickers and adopt gender-specific protection measures for women and girl victims (para 27).

Education: The Committee notes with concern the low education level among women from low-income families and, in particular from ethnic minority groups, schools located nearby fisheries and plantation in the Northern and Eastern provinces, in poor urban and rural areas, among children of migrant workers whose parents work abroad, girls from women heads of households, victims of child and early marriage and girls with disabilities; The absence of programmes to provide education as a means of reparation and reconciliation, protect girls in the conflict area from harassment, abuse and violence in schools; The underrepresentation of women and girls in STEM (Science, Technology, Engineering and Mathematics) subjects in tertiary education and women teachers and researchers; The low number of vocational schools with adequate infrastructures for girls, especially in conflict-affected areas; and that early pregnancy remains a cause for girls’ dropout from school (para 30).

The Committee recommends that the State party combat discriminatory gender stereotypes in education and mainstream gender into national education policies including the Education Sector Development Framework and Programme and integrate gender equality education into school curricula at the primary level; Develop and expand gender-sensitive programmes including temporary special measures in high technological skills, within the Technical Education and Vocational Training sector, to orient women and girls towards technical  fields of studies and career paths, with a view to qualifying them to access employment within such sectors; and institutionalize age-appropriate comprehensive education on sexual and reproductive health and rights, addressing responsible sexual behaviour with special attention to the prevention of early pregnancy (para 31).

Health: The Committee commends the State party on its investment in health, including the provision of free medical services for all citizens. It further welcomes the decrease in both maternal and child mortality. It further notes the recommendations of a Committee appointed by the Minister of Justice in 2016 on decriminalizing abortion. It is concerned, however, about the absence of specific information or data on the availability and accessibility of sexual health information that takes into account the needs of all women and girls; and the lack of data on prevalence of HIV/AIDS in the State party, including among women and girls, and the existence of programmes for early prevention and early detection of HIV/AIDS; The Committee, recalling its general recommendation No. 24 (1999) on women and health, draws attention to Sustainable Development Goal 3, targets 3.1 and 3.7 on the reduction of global maternal mortality ratios and ensuring universal access to sexual and reproductive health services and recommends that the State party ensure access to sexuality information for all women and girls; and provide region-specific data on the transmission and prevalence of the HIV infection, as well as the availability and accessibility of prevention and early detection programmes for women and girls living with HIV/AIDS (paras 34, 35).

Migrant women: The Committee is concerned about the existence of discriminatory regulations which impose restrictions only on migrant women, namely to appoint guardians for any children under six years of age. It also notes with concern that women who have children with special needs are prevented from migrating. The Committee recommends that the State party abolish the Family Background Report (MFE/RAD/10/13), with a view to lifting the sex-specific restrictions on migration (paras 38, 39).

Discriminatory laws in marriage and family relations: The Committee expresses its particular concern that it does not specify a minimum age of marriage and girls under 12 years of age are permitted to marry; The law on statutory rape is not applicable to girls under 16 years of age who are legally married under Muslim law, who engage in sexual intercourse with their husband while not legally separated. Committee recommends that the State party increase the minimum age of marriage for all women in the State party to 18 years of age; Amend article 363 of the Penal Code to ensure that the crime of statutory rape applies to all girls under the age of 16, without exception (paras 44, 45).

(CEDAW/C/LKA/CO/7)

Last reported: 26 January 2011
Concluding Observations published: 4 February 2011

Concerns raised:

  • Stereotypes and discriminatory practices: The Committee is concerned about the persistence of stereotypes regarding the roles, responsibilities and identities of women and men among the general public and the media. The Committee expresses concern that gender role stereotyping perpetuates discrimination against women and girls and is reflected in their disadvantageous and unequal status in many areas, such as employment, decision-making, land ownership, education including sexual and reproductive education, sexual harassment and other forms of violence against women, including violence in family relations.

    The Committee urges the State party to:

    (a) Put in place a comprehensive strategy to modify or eliminate practices and stereotypes that discriminate against women in conformity with articles 2, 2 (f) and 5 (a) of the Convention. This strategy should include awareness-raising efforts targeting the general public and the media, including religious and community leaders, and be undertaken in collaboration with civil society and women's organisations.

    (b) Use measures that target young people and adults to strengthen understanding of the equality of women and men, and to work through the educational system, both formal and informal, as well as with the mass media, to enhance a positive and non- stereotypical portrayal of women; and

    (c) Monitor and review the measures taken in order to assess their impact and to take appropriate action, and include in next report clear information on this issue. (paras. 23 and 23)

  • Violence against women: In accordance with its general recommendation No. 19, the Committee urges the State party to give priority attention to combating violence against women and girls and to adopt comprehensive legislation to criminalise all forms of violence against women (para 24a )
  • Trafficking and exploitation of prostitution: The Committee commends the efforts undertaken by the State party to combat trafficking, including the introduction of a new definition of the offence of trafficking in persons in the Penal Code, the organisation of awareness-raising activities and the establishment of an Anti-Human Trafficking Task Force. The Committee further commends that a bill on witness protection is being elaborated. The Committee is, however, concerned at the low number of convictions and punishment of those convicted of trafficking and at the lack of protective measures and safe homes for victims of trafficking. It is also concerned that the State party has not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

    The Committee urges the State party to:

    (a) Strengthen its measures to combat all forms of trafficking in women and children, including through increased international, regional and bilateral cooperation with countries of origin and transit, in line with article 6 of the Convention.;

    (b) Ensure the prosecution and punishment of individuals involved in trafficking and the protection and recovery of victims of trafficking;

    (c) Ensure that information and training on anti-trafficking legislation be provided to the judiciary, law enforcement officers, border guards, social workers and service providers in all parts of the country;

    (d) Take into account the Recommended Principles on Human Rights and Human Trafficking of the United Nations Office of the High Commissioner for Human Rights (E/2002/68/Add.1) in the design of policies to combat trafficking in human beings, especially women and girls; and

    (e) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol).

    The Committee is concerned about information received in respect of the use by the police of the Vagrancy Ordinance of 1842 to arbitrarily arrest sex workers.

    The Committee urges the State party to ensure that the police refrain from applying the provisions of the Vagrancy Ordinance to arrest sex workers on the street. (paras. 26-29)

  • Education: While noting the achievements of the State party in the area of women's education and efforts undertaken to eliminate gender role stereotyping in formal education, the Committee regrets the lack of data disaggregated by sex and ethnic groups at each level of the education system. The Committee is also concerned about the persistence of gender role stereotyping in the educational system, resulting in girls' concentration in lower skill areas of vocational and technical education, as well as the lack of action of the State party to combat the persistent underrepresentation of women in the high education technical and engineering fields.

    The Committee encourages the State party to:

    (a) Strengthen its efforts to achieve universal provision of quality education for girls at each level of the education system and from each ethnic group;

    (b) Continue its efforts to overcome gender role stereotyping in the formal education; and

    (c) Elaborate a policy aimed at promoting the access of girls to vocational and technical education and women in higher education to science, engineering and other technical disciplines. (paras. 32 and 33)

  • Health: While the Committee acknowledges the achievements of the State party in the area of maternal healthcare, it is concerned about the limited knowledge of reproductive health and the low rate of use of contraceptives, the high level of teenage pregnancies especially in less developed and conflict-affected areas, as well as the low accessibility to family planning and the increase in prevalence of HIV/AIDS infection among women. The Committee is also concerned that abortion is a punishable offence under the law, unless the purpose is to save the life of the mother and regrets that about 10 per cent of maternal mortality is reported as the direct result of clandestine abortion.

    Within the framework of the Committee's general recommendation No. 24, the Committee urges the State party to:

    (a) Ensure that family planning and reproductive health education are widely promoted, in particular for internally displaced women and girls as well as women working in less developed and conflict-affected areas, with special attention to the prevention of early pregnancies of girls and the control of sexually transmitted diseases and HIV/AIDS; and (b) Reduce maternal mortality rates by identifying and addressing causes of maternal death;

    (c) Take measures to ensure that women do not seek unsafe medical procedures, such as illegal abortion, because of lack of appropriate services in regard to fertility control; and

    (d) Review the laws relating to abortion with a view to removing punitive provisions imposed on women who undergo abortion, providing them with access to quality services for the management of complications arising from unsafe abortion. (paras. 36 and 37)

  • Marriage and family relations: The Committee is concerned about the preservation of a combination of general, customary and religious marital laws that contain discriminatory elements against women. The Committee is concerned that polygamy is not prohibited, that there is no minimum age of marriage recognised under Muslim personal law, and that Tamil women need their husband's consent to appear in court or undertake any transaction. The Committee is further concerned about the lack of progress in recognising no-fault divorce and women's economic rights upon divorce.

    The Committee calls upon the State party to:

    (a) Accelerate the amendment of the Muslim personal law regarding polygamy and early marriage and the Thesawalamai law which requires husband's consent for women to appear in court or undertake any transaction, in line with the Convention on the Rights of the Child and the Committee's general recommendation No. 21;

    (b) Consider preparing a unified family code in conformity with the Convention in which equal right of inheritance, property and land are addressed, as well as polygamy and early marriage with the view to abolishing them, and include in it the option of civil provisions available for all women;

    (c) Ensure women's participation in the law reform process; and

    (d) Provide information in the next periodic report on efforts undertaken to recognise no-fault divorce and enhance women's economic rights upon divorce. (paras 44 and 45)

_____________________________________________

UN Committee on the Elimination of Racial Discrimination

CERD/C/LKA/CO/10-17

Concluding observations adopted: 26 August 2016

Legislative Background: The Committee welcomes the ratification by the State party of the following international instruments, since its last report: The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2006 (para 5).

The Tamils of Indian origin: While welcoming the establishment of the Ministry of Hill Country New Villages, Infrastructure and Community Development in 2015 and its establishment of a 5 year National Plan of Action (NPA) 2016-2020 on Social Development of the Plantation Community, the Committee notes that Tamils of Indian origin, also referred to as “Plantation Tamils” continue to face lack of quality education, higher drop-out and child labour rates than the national average The Committee calls on the State party to undertake awareness raising campaigns with the assistance of community leaders in the relevant communities to change attitudes and reject caste (paras 20, 22).

Ratification of other instruments: Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights instruments that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including Optional Protocol to the Convention on the Rights of the Child on a communications procedure, Optional Protocol to the Convention on the Rights of Persons with Disabilities, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, ILO Convention on Indigenous and Tribal Peoples (No. 169), ILO Convention No. 189 concerning Decent Work for Domestic Workers (para 31).

 

(A/56/18)

Last reported: 7 and 8 August 2001
Concluding Observations adopted: 14 August 2001

Concerns raised:

  • Internally displaced persons due to armed conflict. The Committee recommends that the State party should continue to provide assistance to the civilians in the north and eastern provinces and cooperate with humanitarian agencies (para 333).
  • Tamils and their descendants are not being granted citizenship. The Committee is concerned that a large number of Tamils of Indian origin and their descendants still had not been granted citizenship, resulting in discrimination and non-enjoyment of their economic, social and cultural rights. The Committee recommends that early and effective measures be taken to solve this problem and that these persons should not be threatened with repatriation (para. 334).

_____________________________________________

UN Committee on Migrant Workers

CMW/C/LKA/CO/2

Observations published: 11 October 2016

Positive developments: The Committee notes with appreciation the ratification of or accession to the following instruments: The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, in June 2015; The Committee welcomes the following institutional and policy measures: The 2011-2016 Roadmap on the Worst Forms of Child Labour (paras 5, 6).

Coordination: While welcoming the establishment of the National Advisory Committee on Labour Migration in 2010, the Committee is concerned that the Advisory Committee is not sufficiently representative of women’s interest groups and key ministries and agencies supporting women’s empowerment and child development. The Committee recommends that the State party: Ensure that representatives of women’s interest groups and key ministries and agencies supporting women’s empowerment and child development are regular members of the Advisory Committee (paras 14, 15).

Data collection: While appreciating the State party’s efforts to provide data on its migrant workers abroad, the Committee is concerned that the indicators used in the official labour statistics in the State party do not take into account migrant workers. It is also concerned that labour migration statistics are produced in a fragmented way and do not include migrant workers in an irregular situation, children of migrant workers remaining in the State party, or migrant workers in the State party (para 16).

The Committee recommends that the State party establish a system for compiling qualitative and quantitative migration-related statistics and information covering all aspects of the Convention, including migrant workers in an irregular situation, and that it collect detailed data on the status of migrant workers in the State party. The Committee encourages the State party to compile information and statistics disaggregated by sex, age, nationality, marital and family status, reason for entry into and departure from the country and type of work performed, in order to have an effective impact on relevant policies and the implementation of the Convention in line with target 17.18 of the Sustainable Development Goals. The Committee also recommends that the State party build the capacity of public officials to improve the collection and analysis of accurate data and ensure the cooperation of its consular and diplomatic representations abroad in order to compile data on migration, including the situation of irregular migrant workers and victims of trafficking. Where it is not possible to obtain precise information, for example, in the case of migrant workers in an irregular situation, the Committee would welcome information based on studies or estimates (para 17).

Non-discrimination: While noting that a Cabinet Subcommittee has been appointed to reassess the discriminatory practice of requiring a family background report for women seeking employment as migrant domestic workers, the Committee is concerned that the circular issued by the Ministry of Foreign Employment Promotion and Welfare relating to this matter has not yet been withdrawn. The Committee notes that this practice violates those women’s right to non-discrimination on the basis of sex, parental status and age, and their right to freedom of movement. Moreover, it has also reportedly led to increased corruption, overburdening of the development officers whose initial task was to provide guidance and counselling to migrant workers and their families, irregular unsafe migration, exposure of women to abuse and trafficking, and deprival of their children of guarantees of proper care and protection as women resort to irregular migration (para 24).

The Committee recommends that the State party: Withdraw the circular issued by the Ministry of Foreign Employment Promotion and Welfare and seek to replace it with a comprehensive solution that protects the rights of women migrant workers and their children; Use the family background report as a tool to identify vulnerable families of migrant workers and provide the support they need, rather than using it as a tool to deny women the right to seek employment abroad; Diversify childcare support measures and enhance gender equality and men’s participation in their children’s upbringing, ensuring that children grow up in an environment favourable to their development and that the best interests of the child is the primary consideration in all policies and measures concerning children (para 25).

Due process, detention and equality before the Courts: The Committee is concerned that: Undocumented migrants and asylum seekers are routinely arrested and detained at State prisons or immigration detention centres while deportation hearings are pending; Families with children may be detained in exceptional circumstances; There is a lack of information regarding due process guarantees for migrant workers and members of their families in criminal and administrative proceedings, including detention and expulsion (para 32).

The Committee recommends that the State party: Ensure that administrative detention is used as a measure of last resort only and that non-custodial alternatives are promoted, in line with the Committee’s general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families; Expeditiously and completely cease the detention of children on the basis of their or their parents’ immigration status, and allow children to remain with family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved, in accordance with their best interests and with their rights to liberty and family life; Refrain from detaining migrants with specific needs, particularly women, children, the elderly and persons with physical or mental disabilities, and where detention of migrants in these categories does take place, ensure that there is a specific policy in place for their detention and safe, gender-responsive and adequate detention facilities, including access to sexual and reproductive health care (para 33).

Children remaining behind: The Committee is concerned at the high incidence among children of migrant workers remaining behind of disruption of education, neglect, abandonment, abuse and exploitation, including sexual abuse of girls, alcohol abuse, child labour in and outside the home, early marriage and trafficking. It welcomes in this regard the State party’s recent efforts, such as the Shramika Surakuma programme aiming, inter alia, to create a database of the welfare and protection needs of Sri Lankan migrant workers’ children, and the pilot project to develop a coordinated care plan for the children of Sri Lankan migrant workers remaining behind (para 48).

The Committee recommends that the State party enhance the attention given to the protection of families and children of migrant workers remaining behind, particularly in order to prevent child abuse and child labour, and guarantee the children’s access to education, ensuring that the National Child Protection Authority takes into account their specific needs. The Committee recommends that the State party: Establish a system to generate family development plans or coordinated childcare plans; Strengthen inter-agency efforts in order to support zero tolerance for child labour; Seek technical assistance from the United Nations Children’s Fund (UNICEF) in order to ensure that the best interests of the child are adequately taken into consideration in all migration-related policies and processes (para 49).

Recruitment agencies: the Committee is concerned that: Malpractice in the State party’s recruitment system reportedly includes forging documents, charging exorbitant unauthorized fees for services, contract substitution, obtaining signatures on blank or incomplete contract forms, debt bondage, recruiting without a valid licence, sending unregistered workers through fraudulent means, processing workers without proper documentation and recruiting children (para 54).

The Committee recommends that the State party: Ensure the full implementation of, and make legally binding, the Code of Ethical Conduct for Licensed Foreign Employment Agencies/Licensees, involving all relevant stakeholders; Enhance the regulation and monitoring of the recruitment industry by putting in place a comprehensive, gender-responsive, fair recruitment policy with high standards; ensuring that recruitment agencies improve the services they offer; holding them accountable for the non-execution of their duties; regulating irregular subagents and brokers and sanctioning unlicensed agencies; and regularly updating the recruitment agency blacklist and making it public (para 55).

Illegal or clandestine movements and employment of migrant workers in an irregular situation: The Committee is concerned that: There is a lack of effective measures to protect victims and to provide them with effective remedies, including compensation and rehabilitation; There have been low rates of prosecution and insufficient punishment of perpetrators; Victims of trafficking are not adequately protected from being prosecuted, detained or punished for illegally entering or residing in the State party, or for the activities in which they were involved as a direct consequence of their situation as trafficked persons (para 58).

The Committee recommends that the State party: Evaluate the scale of trafficking in persons and compile systematic disaggregated data in order to better combat trafficking in persons, especially women and children, and bring perpetrators to justice (para 59).

 

(CMW/C/LKA/CO/1)

Last reported: 12 and 13 October 2009
Concluding Observations adopted: 15 October 2009

Concerns raised:

  • Provision of scholarships to children of migrant workers. Whilst the Committee notes with interest the initiative undertaken by the State party for the provision of scholarships to children of migrant workers and the conducting of a nationwide Anti-Illegal Recruitment Programme to protect the rights of migrant workers and their families, the Committee regrets the lack of information on these programmes. The Committee recommends that the State party take effective measures to improve the visibility and implementation of these programmes (paras 11 and 12).
  • Trafficking of children. The Committee notes that the State party has signed but not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and recommends that the State party should proceed to ratify this Protocol as soon as possible. The Committee recommends that the State party should compile disaggregated data with a view to better combating trafficking in persons, especially women and children (paras. 19, 20 and 52 (b)).
  • Training in and dissemination of Convention on Migrant Workers. The Committee is concerned that there is no specific training programme on the Convention for social workers, amongst other professional groups, and that the Convention has not been translated into the national languages. The Committee encourages the State party to carry out specific training programmes, including for social workers, and ensure that the training for migrant workers and their families addressed all provisions of the Convention (paras. 23, and 24 (a) and (b)).
  • Non-discrimination. The Committee recommends that the State party should take necessary steps to ensure all migrant workers and members of their families enjoy the rights provided for in the Convention without any discrimination (para. 26).
  • Returning migrant workers. The Committee notes that a Reintegration Programme for returning migrant workers has been formulated, and addresses the psychosocial and economic needs of both the returnees and their families. The Committee regrets the absence of detailed information on this programme and recommended that the State party should take steps to raise awareness of returning migrant workers and their families about the Reintegration Programme (paras . 45, and 46 (a)).
  • Impact of migration on children. The Committee regrets that no information has been provided by the State party on the impact of migration on children in Sri Lanka, and encourages the State party to analyse, and to carry out new studies if necessary, on the impact of migration on children, with the aim of ensuring that such children enjoy their full rights and are protected (paras. 49 and 50).

The Committee requests the State party to include in its second periodic report detailed information on measures taken to follow up on the recommendations made in these concluding observations, and to implement these recommendations (para. 53).

_____________________________________________

UN Committee on the Rights of Persons with Disabilities

_____________________________________________

UN Committee on Enforced Disappearance

Organisation: 
Child Rights International Network
Attachment: 
int_ccpr_coc_lka_18702_e.doc

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.