SL Briefing Note 23 Prevention of Child Abuse in Sri Lanka Impediments Opportunities
SL Briefing Note 23 Prevention of Child Abuse in Sri Lanka Impediments Opportunities
SL Briefing Note 23 Prevention of Child Abuse in Sri Lanka Impediments Opportunities
Table of Contents
PREAMBLE ............................................................................................................................. 3
INTRODUCTION ..................................................................................................................... 8
ISSUES OF CONCERN ............................................................................................................ 10
1. Conflating Discipline with Corporal Punishment.................................................................11
2. Neglecting Neglect................................................................................................................ 14
3. Child Abuse & Technology ..................................................................................................16
4. The Need For Prevention Education – Teachers, Parents & Children .................................18
Support Mechanisms ........................................................................................................... 22
Conclusion ........................................................................................................................... 23
Way Forward/Recommendations......................................................................................... 26
Civil Society ................................................................................................................................ 26
Government ................................................................................................................................ 26
International community ............................................................................................................ 26
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Sri Lanka Brief expresses its gratitude to “Sri Lanka Solidarity”, Germany for the continued support it renders for
producing Sri Lanka Briefing Notes, Sri Lanka Brief Updates and Sri Lanka Brief Fact Sheets.
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PREAMBLE
In February of 2020 a parliamentary debate took place on the increasing number of cases related
to child abuse in Sri Lanka. Responding to the opposition, The Hon. Chamal Rajapaksha, tabled
statistics [Parliament Hansard of 07th February 2020]i that indicated 34 cases of child abuse had
been reported within the first 15 days of the 2020.
The data also included 78 cases of rape [limited by legal definition in Sri Lanka to penetration of
a vagina by a penis], and 21 cases of grave sexual abuse. The inclusion of child abuse with these
other two forms of sexual violence is indicative of how child abuse is generally perceived as a
sexual violation in Sri Lanka. That said, the term ළමා අපචාර used in the Hansard is a common
colloquial misconception and refers to wrongful acts committed by a child. The accurate term
would be ළමා අපය ෝජන, which refers to child abuse, i.e. abuse of a child. Furthermore, there is
no indication of how the data has been disaggregated. For example, does the rape data include
instances of statutory rape – those under the age of 16, and would the cases of grave sexual abuse
include sexual acts committed against boys? Also, who qualifies as a child within this data? The
International Child Rights Convention defines a child as a person not yet 18.
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On February 19th, 2020, during the continuing debate, the parliamentary Hansardii states that
3402 cases of sexual violence committed against a child took place in 2019, with disaggregated
data to indicate separate instances of rape, grave sexual abuse, incest and child sexual abuse.
Again, it is unclear what definition of a child is being followed, given that our age of sexual
consent is 16, and children between 16 and 18 may not therefore be included. The 2019 data
presented in parliament also does not correspond to the Sri Lanka Police data presented in their
Grave Crimes Abstractiii that indicate a total of less than 1800 offences against children,
including cases of child cruelty. The Sri Lanka Police Grave Crimes Abstract similarly is unclear
on children between ages of 16 and 18.
Further exacerbating our lack of cohesive national data, the National Child Protection Authority
(NCPA) indicated that their 1929 Child Helpline received 8558 complaints between 1 st January
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and 31st December 2019iv. Seeking to address our anomalous data gathering methods, the former
Chairperson of the National Child Protection Authority, Prof. Muditha Vidanapathirana,
indicated in July 2021 that - “A formal National Database to assist in the control of child abuse
in the country will be released next August.” Given that this was the 3rd Chairperson in a period
of four years, and now has been replaced with a 4th – Udayakumara Amarasinghe, a senior
lecturer from the University of Jayawardenapura, it is necessary that the NCPA administration
does not fall prey to political maneuvering and is allowed to follow through on their
commitments.
Furthermore, due to the restructuring of the NCPA website, there is currently no data available
on the diverse cases of child abuse received by NCPA.v Therefore, child abuse data for 2020 is
limited to the Grave Crimes Abstract of the Sri Lanka Police, which indicate a total of 2055
cases, inclusive of 26 cases of sexual exploitation of children, 76 cases of cruelty to children, and
1953 cases of statutory rape.vi
On 29th October 2021, the Daily Mirror reported an Alarming rise in child abuse cases due to
school closure.vii No specific statistics were offered, beyond Child and Adolescent Psychiatrist
Dr. Miyuru Chandradasa from the Health Promotion Bureau stating that “conditions of
depression, anxiety and screen addiction in children and adolescents have relatively increased by
20% in 2020/21 when compared to 2018/19.” This underpins reporting by CERT Sri Lanka, that
indicated a dramatic increase in violations that occur on social media platforms; 2662 cases in
2019, compared with 15,985 cases during the 2020 periodviii that also coincided with the global
and national COVID19 lockdowns. Still, the lack of disaggregated data prevents us from
appreciating both the scale and specificity of abuse that children face in their online spaces.
Sensible responses?
On February 19th, 2020, when The Hon. Chamal Rajapaksha, presented the partially
disaggregated data in parliament, he also focused on the measures the government has taken to
address and mitigate child abuse in Sri Lanka. Four key actions touted were:
1. 44 Women and Children’s desks and 498 police stations have been
empowered; they have been provided a special training to investigate cases.
2. All government institutions on a multi sectoral approach conduct awareness
to teachers, parents, government officers. Print and electronic media is also
utilized for this purpose.
3. Child Right Protection Officers, Women Development Officers, Probation
Officers, Development Officers have been appointed to District Secretariats.
4. Technical support and training is provided to police officers to combat
cybercrimes.ix
While these are perhaps factually accurate statements, there is no evidence to suggest that these
interventions have in anyway yet impacted the proliferation of child abuse in the country. The
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intervention in District Secretariats, for example, has been in place across successive
governments for over a decade, with no evidence as to the efficacy of the approach. There are
also no details available in the public domain on the skills building and training that those
representing this state response mechanism have undergone. Ultimately, therefore, the efficacy
of the approach can be judged by the increase or decrease of child abuse at national, district and
divisional levels in Sri Lanka, which require robust monitoring and evaluation mechanisms for
the government to learn from and to replicate effective interventions.
In September 2020, the news company, prevent child abuse. “We must
Adaderana, reported on an interview with educate the children on what are their
Minister of Justice, Ali Sabry, that covered
rights, what are the limitations.”
varied areas of national interest that also
included his assertion that sex education
must be an integral part of a national He points out that tackling child
prevention strategy for child abuse. The abuse should be done through three
news report headline read: Sex education is processes: social justice and a safety
the way to prevent child abuse – Ali Sabry net, education for both the parents
and the kids, and good legal
“The Minister insists that sex administration and enforcement of
education is the way forward to legal remedies.”xi
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The Minister sensibly suggests involving parents as a key stakeholder within the school
ecosystem and underscores his willingness to work with the Ministry of Education on
implementing this proposal. This is yet another opportunity for parents, civil society, and school
administrations to hold our government accountable and have them follow through on what
could arguably be the most effective long-term intervention on child abuse. Preventing sexual
violence and exploitation, however, cannot be limited to lessons on sex and reproduction alone.
Currently, as this document will show, there is an absolute dearth of child protection education in
schools, which include fundamental social emotional learning concepts such as respect, empathy
and consent that can be taught age appropriately in preschools, primary schools, and secondary
schools. There have been successful multisectoral efforts previously, as detailed below, led by
the Ministry of Education and the National Child Protection Authority, which have failed to be
replicated despite their success with teachers, parents, and students. These scientifically
designed, evidence-based interventions need a shift in our perception of education, i.e. the need
to value our children’s emotional quotients [EQ] even as we repeatedly evaluate their IQ.
In the 2022 Budget Proposal which was presented in the Sri Lankan Parliament in early
November 2021, there is no clear indication of any funds allocated for the prevention of child
abuse, or any form of prevention education related to sexual violence for children and young
people of Sri Lanka.
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INTRODUCTION
One of the key reasons for this ambiguity has been the lack of a clear definition for child abuse
in the public domain. Hitherto child abuse in Sri Lanka was interpreted chiefly as a violation of
the relevant sections of the Sri Lankan penal code, related ordinance, and acts.
For example, the 2020 publication of the long-awaited National Policy on Child Protection xii,
published by the National Child Protection Authority [NCPA], states the following:
Child abuse means breach of any provisions of Sections 286A, 288, 288A, 288B, 308A, 360A,
360B, 360C, 363, 364A, 365, 365A, or 365B of the Penal Code; Any Provision of the
Employment of Women, Young Persons and Children Act; Any provision of the Child and Young
Persons Ordinance; The Regulation relating to compulsory education made under the Education
Ordinance; and an act or omission committed in regard to a child, and includes involvement of a
child in armed conflict which is likely to endanger the child’s life, or is likely to harm such child
physically and emotionally.
This definition has changed little from the definition included in the National Child Protection
Authority Act, No 50 of 1998 found on page 18xiii
Clearly this definition was not meant for the layperson, nor teacher, nor parent, nor caregiver,
nor anyone who doesn’t intend to spend time interpreting the listed Penal Code sections,
Ordinance and Acts.
That said, in 2019, NCPA published a Handbook on Child Protection in Sinhala and Tamil that
contained a concise definition of child abuse drawn from the following WHO definitions in
English:
“Child maltreatment is the abuse and neglect that occurs to children under 18 years of age. It
includes all types of physical and/or emotional ill-treatment, sexual abuse, neglect, negligence
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and commercial or other exploitation, which results in actual or potential harm to the child’s
health, survival, development or dignity in the context of a relationship of responsibility, trust or
power. Exposure to intimate partner violence is also sometimes included as a form of child
maltreatment.xiv
Maltreatment (including violent punishment) involves physical, sexual and
psychological/emotional violence; and neglect of infants, children and adolescents by parents,
caregivers and other authority figures, most often in the home but also in settings such as
schools and orphanages”.xv
This pragmatic concern therefore extends also to those administrators, teachers, parents, and all
others engaged in childcare, child protection and ensuring and maintaining the general wellbeing
of our nation’s children – how do we make accessible these cognizable and practicable
definitions without the recourse to legal interpretation?
Who is a child?
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This opacity with terminology in Sri Lanka extends to discussion of who qualifies as a child. In
the National Policy on Child Protection, NCPA defines a child as “a person under 18 years of
age” in line with the convention of the rights of a childxviii, to which Sri Lanka is a signatory.
Yet, there are exceptions; for example, under the Children and Young Person’s Ordinance
published by NCPA and UNICEF, for the purpose of the Juvenile Court a child is defined as
someone below the age of 14 and young person is defined as someone below the age of 16. xix
Arguably, these gradations that have come to apply have seeped into the public domain, with
younger children seen as more vulnerable and innocent than older children. A further example of
this age-related grading is the Grave Crimes Abstract of The Sri Lanka Police, that since 2015
has disaggregated rape data to include the following three categories: Rape of Women Over 16
years of age; Statutory Rape [Women under 16 years] With the consent of the victim; and
Statutory Rape [Women under 16 years] Without the consent of the victim. xx This oxymoron of
statutory rape with consent is apparently included to signify that the girl-child engaged in sexual
intercourse of her own volition and was not forced. It has been applied to instances where the
girl-child elopes willingly with the male perpetrator, who may, on occasion, also happen to be a
child under 18. This manner of data-collation, while perhaps deemed beneficial to the nature of
police prosecutions, makes an inherent value judgment on the ability of the girl-child to consent
to sex, regardless of the statutory rape law and the age of sexual consent which is fixed at 16.
The ability of a child to consent to sex is further discombobulated under the Muslim Marriage
and Divorce Act [MMDA] currently under review xxi, where children as young as twelve are
permitted to marry and go on to bear children putting their ill prepared reproductive organs and
anatomy under severe stress. The legal age of marriage in Sri Lanka for those not governed by
MMDA is 18.
Our willingness to perceive and portray our children as sexually aware and sexually active
beings has often led to the rationalization of sexual violence perpetrated against children. For
example, in December 2019 a young girl of 12 was gangraped by four men in the vicinity of an
illicit liquor vendor in the Gokarella Police Division of the Kurunegala District. Arguing for the
defense at the Magistrate Court of Kurunegala, in an attempt to secure bail for the perpetrators
following their arrest, the female defense counsel suggested that the 12-year-old while young in
age was a willing and consensual participant. [Case history courtesy of Women’s Development
Foundation, Yakalla, Ibbagamuwa]
If Sri Lanka is to successfully prevent child abuse, we must first ensure clarity in terms of who is
a child and what constitutes child abuse, and this clarity must serve as the basis for all awareness
raising in the public domain, especially with parents and teachers, who are key stakeholders. It is
this clarity that will help shift perceptions and value judgments that are attached to children’s
behaviour.
ISSUES OF CONCERN
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“In Sri Lanka, there is evidence that the ancient kings Voharika Tissa (214–236 AC), Vijayabahu
II (1186–1187) and Vijayabahu III (1232–1236) were influenced by compassion. Non‐violence in
Buddhism prohibited any bodily harm, by way of punishment, of children and adults.”xxii
“Moldrich (1986) for instance, has presented evidence of ancient Sri Lankan kings who had
declared laws prohibiting any bodily harm, by way of punishment, children and adults alike.
Moldrich (1986) has exemplified King Vijayabahu II (1186 - 1187) and King Vijayabahu III
(1232 - 1236) who were especially credited for their compassion towards children. Children hit
by their parents have been reported to come to King Vijayabahu III and tell him of their woes,
with the king then exhorting their parents not to beat the children any longer (Moldrich,
1986)”xxiii
Researchers have sought to juxtapose this key findings suggested that corporal
approach to child rearing with the prevailing punishment continued to be widely
acceptance of and advocacy for corporal
prevalent over a decade after the
punishment by parents, teachers, school
administrators/principals, and on occasion, initial 2005 Ministry of Education
students. In a 2017 study commissioned by circular [2005/17] that sought to
the National Child Protection Authority - A abolish corporal punishment in
Study on Child Disciplinary Methods schools by overturning previous
Practiced in Schools in Sri Lanka – Ministry of Education circulars
[1961/26 and 2001/11] that allowed
for physical abuse.xxiv
“The study results indicated high rates of corporal punishment of students in schools in Sri
Lanka. The use of psychological aggression too was high. Worryingly, so was physical abuse, a
criminal offence. Though students and teachers also reported high use of (positive) discipline, it
appears that it is done in conjunction with punishment, thus losing its potential for positive
impact on the students. Most teachers and principals believe in the efficacy of corporal
punishment. Some evidence suggests that this is due to reasons such as their own experience of it
in childhood, because senior teachers use it, and because they do not know of any other
strategies to correct misbehaviours. In fact, a majority of teachers had not got any formal
training in classroom management, including the use of (positive) disciplining. Though a
majority of teachers reported that they were aware of the circular recommending not to use
physical force on students, they also reported that they were unaware of its contents.”
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“They [students] appear to tolerate corporal punishment, possibly even at abusive levels, if it is
done by teachers whom they viewed were skilled in teaching. Their parents too do not complain
against such teachers.”
This study goes on to outline the crucial distinction between discipline and punishment, focusing
on the potential for “positive” discipline to be an integral part of how we nurture our children.
Some researchers have argued that our prevailing patterns of discipline and corporal punishment
are colonial manifestations used by the oppressor to further subjugate the oppressed under the
guise of discipline and regulation. In fact, the landmark Supreme Court judgment in February
2021 in favour of a student from Puhulwella Central College who was subject to physical abuse
stated:
This view does not essentially originate from Sri Lankan culture. In Sri Lanka, there is ample
evidence in relation to laws introduced by Kings in order to promote a non-violent, benevolent
society, raising nurturing children. In reference to the Chulawamsa it says that during the
Anuradhapura and Polonnaruwa era we had two kings who introduced legislature explicitly
stating that there should be no physical punishment on both adults and children. Therefore, our
culture was such that it had a negative view on Corporal Punishment. Corporal Punishment was
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a prevalent method of punishment used during the colonial era of occupation brought into
practice from public school practices from their respective countries, thereby trickling into the
attitudes and daily practices of citizens of the country.” SC/ FR/ 97/2017 JUDGMENT Page
17xxvi
Our penchant for blaming former colonial masters for our current negative realities is often
selective and ignores that these so-called alien attitudes have evolved into vigorous beliefs and
practices that are now integral to the collective Sri Lankan psyche. That said, reflecting on their
colonial source is beneficial in the event it leads us to revaluating our values, and if it helps us
adapt pre-colonial beliefs, behaviours and practices that help us treat our children, and each
other, with dignity and compassion.
The notion that discipline, leadership, responsibility, strength of character and personality are
dependent on military training is not new, and remains at odds with the nurturing environment
that positive discipline advocates for within school settings, where children have diverse
interests, and different emotional, psychological and physical abilities. Physically punitive
consequences are common within military training if one does not complete a prescribed task
successfully. Such statements by the powers that be reinforce the militarized tropes within our
education system. For example, primary school children engaged in a march past during a sports
meet – what are the potential benefits of such an activity? Are there no other methods to teach
primary school students discipline and teamwork rather than have them simulate a Nuremburg
rally? Would not a military parade be better suited for those secondary school students who opt
to join the school cadet corps? And what of the initiation rituals and/or rags that have seeped into
school sporting team cultures that often glorify physicality and humiliate and degrade those who
fail to endure?
Furthermore, how do these manifestations of military discipline within schools affect student
enforcers? In a culture where adults within a school system are under scrutiny in terms of their
interactions with children, what of students who are called upon to enforce both physical and
non-physical forms of discipline within school settings? Arguably, the current role of student
leaders and/or prefects have distilled into enforcing of school rules. On occasion these student
enforcers have exhibited behaviours that have led to physical and emotional harm of fellow
students.
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The responsibility we place on students to perform onerous tasks that teachers avoid has become
commonplace to the point that some teachers regularly look to senior students, student leaders
and prefects to enforce and maintain discipline within classroom and school settings. This has
led to a culture of fear, where senior students/student leaders/prefects/Seniors in Sports Teams
are feared by the rest of the student body due to their perceived powers. In turn, junior students
aspire to these coveted roles, and ultimately perpetuate a culture of physical and emotional
violence under the guise of enforcing discipline. In these instances, enforcing discipline is
reduced to fulfilling the three key criterion for bullying – one sided, on purpose, and repetitive.
2. Neglecting Neglect
“Neglect includes both isolated incidents, as well as a pattern of failure over time on the part of
a parent or other family member to provide for the development and wellbeing of the child –
where the parent is in a position to do so – in one or more of the following areas:
1. health
2. education
3. emotional development
4. nutrition
5. shelter and safe living conditions”. [WHO, 2006]
According to the NCPA handbook Identification, Prevention and Management of Child Abuse
[2020] the most common form of child abuse is neglect. Yet, there is woefully little information
on neglect in Sri Lanka. Perhaps the reason for our lack of data on neglect is once again tied to
our gradation of child abuse in Sri Lanka, where physical forms of abuse, including child sexual
abuse is more readily cognizable.
That said, in her undergraduate thesis, Child Abuse and Neglect in Sri Lanka, Achini Silva
cogently lays out different manifestations of neglect.
“Neglect generally includes the child’s emotional needs, failure to
categories of Physical (failure to provide psychological care, let a child
provide necessary food or shelter, to use alcohol and drugs). Even, in
lack of appropriate supervision), some cases child may be left hungry
Medical (failure to provide necessary or dirty, without sufficient clothing,
medical or mental health treatment), shelter, supervision, medical or health
Educational (failure to educate child care. Child may not receive love,
or failure to provide special attention and care that they need from
educational needs for needy children) their parents.” xxviii
and Emotional (give less attention for
This fleshed out definition of neglect manifests itself to varying degrees of intensity across the
country. In the abstract of her paper Some cultural and economic factors leading to neglect,
abuse and violence in respect of children within the family in Sri Lanka presented in 1981 at the
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International Congress on Child Abuse and Neglect, Wimala De Silva suggests that “though in
Sri Lanka children are considered a blessing, yet they are also subject to neglect though this is
not deliberate on the part of parents but arising from numerous factors, mainly poverty and
ignorance. Other influences also operate such as cultural values and weaknesses in the delivery
systems. Today females of all socioeconomic levels seek employment, both locally and abroad.
This can lead to child neglect since community services for child care are inadequate and
traditional help is dwindling.”xxix
These insights from four decades ago still hold true in 2021. In fact, studies done on the impact
of Sri Lankan parents, especially mothers, working abroad show that children left behind are
subject to varied manifestations of neglect identified above, and other forms of child abuse. As
Rasika Jayasuriya and Brian Opeskin stated in their paper The Migration of Women Domestic
Workers from Sri Lanka: Protecting the Rights of Children Left Behind for the Cornell
International Law Journal [2015]:
“The harms experienced by children left behind include disruption to family relations, diversion
from education as children are pressured into domestic roles formerly discharged by the absent
parent, psychosocial effects of loneliness and abandonment, and a heightened risk of child labor
or abuse from alternative carers. A study commissioned by the Sri Lankan Government on the
psychosocial issues arising from labor migration noted that a mother’s migration for two or
more years seriously affected a child’s personality development. Another study of 400 children
found that “the love, attention and proximity of the mother were not replaced by even the best
caregivers” in the estimation of the children, with seventy-seven percent experiencing loneliness
due to the absence of the mother.”xxx
These realities have led to women and mothers being disproportionately blamed
within our inherently patriarchal social construct for abandoning their children to
the care and protection [or lack of] of their male partners/husbands. The
prevailing economic hardships that forced women to seek employment abroad,
or within urban settings in Sri Lanka, most often as domestic help is ignored, as
is the fact that a significant portion of Sri Lanka’s foreign currency reserves are
dependent on these working mothers and women.
As De Silva identified in 1981, the state was and is still apparently ill-equipped to respond
adequately to the needs of children who face issues of neglect and related child abuse in Sri
Lanka. Perhaps the most sensible starting point would be to ensure that all state actors involved
in prevention of child abuse and neglect ensure the public is aware of what constitutes neglect, so
that those who experience it can receive available assistance as early as possible.
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“Ms Seneviratne confronted the German video cameraman as he came out of the room. 'How can
you do this?' she sputtered angrily. The German rubbed his fingers together. 'Money, money,
money,' he replied. One United States study estimated that more than 250 million copies of
videos on child pornography are circulating world-wide, and most were filmed in the
Philippines, Thailand and Sri Lanka. One raid, on a home in a Stockholm suburb in July 1992,
yielded stacks of letters between paedophiles sharing descriptions of children's bodies and sex
organs. Found in the haul were 300 hours of child pornography videos, mostly filmed in Sri
Lanka with titles such as Boy Love in Negombo and Hikkaduwa - the Child Sex Paradise.”xxxi
With burgeoning technology, the opportunities for perpetrators, foreign and local, to exploit
children has increased. In July 2021 the Sri Lanka Police set up a special unit to monitor child
pornography online, and within the period of a month they identified that “17,629 video clips
and photographs have been uploaded to cyberspace from laptops, desktops, mobile phones and
tabs in Sri Lanka.”xxxii And approximately a week later, in early August of 2021, this unit
arrested “a 25-year-old man who had uploaded more than 500 videos and photographs.”xxxiii The
establishment of this special unit is indicative of how child sexual abuse has continued to evolve,
facilitated by both technological advancements and economic impetus.
Any sensible prevention intervention must also consider the reality of Sri Lanka’s Nude
Culturexxxiv - a culture where young people, and the not-so-young engage consensually in forms
of online sex. This can include the exchanging of intimate photographs – nudes – and the making
of videos. Predictably, given that shame is so readily associated with the naked body in Sri
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Lankaxxxv, and regular incidents of intimate partner violence (IPV) that occur in offline spaces, in
2019 the Daily News reported that over “70 percent of all complaints received by the Criminal
Investigation Department [CID Cyber Crime Unit] are on posting of photos, videos and chats
after break up of a relationship.”xxxvi
The content generated by these break-ups also resulted in these videos and photographs feeding
pornography sites, some of which exhibit exclusively Sri Lankan content xxxvii, and include both
girls and boys under the age of 18. Yet again, however, younger children are considered more
vulnerable and fall more easily within our parameters of victimhood than older children who sent
pictures and made videos of their volition, and therefore are perceived as culpable within our
asking-for-it culture. The arrest of the couple who made a sex video [with blurred faces, intent on
selling the product] at Pahanthudawa Falls in September 2021 is further indicative of how
technology has enabled content creation for purposes of pornography, and how some have
chosen to benefit from this online economy. xxxviii
Ultimately, the German pedophile’s riposte of “Money, Money, Money” in 1994 still holds true,
except that in 2021, the perpetrators may not necessarily be only adults exploiting children, and
may also include young people, exploiting other young people and children.
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prevention modules in schools, age-appropriately, which include parent and teacher stakeholders
in the process of learning about and responding to cyber violence faced by children.
Online child abuse does not necessarily have to be limited to forms of sexual exploitation.
Evidence is emerging of how social media platforms such as Instagram are knowingly leading to
low self-esteem in children and behaviours that include self-harm. This fallout which includes
whistleblower Frances Haugen on how much the company Facebook, which owns Instagram and
Whatsapp, knew of the harm it inflicts, led to the pause in releasing an Instagram for kids. xl
Haugen appearing before the United States Congress also said:
“Yesterday we saw Facebook taken off the internet. I don’t know why it went down, but I know
that for more than five hours, Facebook wasn’t used to deepen divides, destabilize democracies
and make young girls and women feel bad about their bodies.”xli
Haugen aligns the gravity of low self-esteem with the deepening of divides which can manifest
as racism, sexism and fascism and the destabilizing of democracies.
Given how smart devices have become an extension of a young person’s space, the bullying they
experience online can have devastating results in Sri Lanka too. Impossible standards associated
with body image are not limited to girls alone, boys are similarly made to aspire to impossible
standards, and our children would benefit greatly from sensible interactions with parents and
trusted adults that focus on both their physical and emotional wellbeing.
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University of Peradeniya, Sarvodaya, and Plan International. Two Key findings from the
evaluation of the intervention in 2015 indicated:
These are both significant findings in an intervention that seeks to address sexual violence
through education, especially given our general reticence to approach issues around sex in Sri
Lanka. In late 2019, the furor over a Grade 7 text on sex and reproduction – Hathe Ape Pothaxliv -
brought into clear relief the challenges our public health educators face. A Buddhist monk,
Venerable Medagoda Abhayatissa Thera called a press conference to state that the book
introduced collaboratively by the Ministries of Health and Education to improve education on
sexual and reproductive health in schools, “promotes inappropriate and obscene content
sexually exploiting young children” According to the venerable thera “The content of the
textbook cannot be even read consciously by adults”xlv and he demanded the book be prohibited.
While some may argue that this was politically motivated given that the book was introduced by
the previous government, a similar Ministry of Education intervention in 1994 – Udavu
Yawanaya - was pilloried on the grounds of being inappropriate and discontinued in schools.xlvi
In 2008 the WHO Country Office captured the general perception when they stated that
“attempts to introduce concepts on [reproductive health] have been resisted by certain school
principals, teachers, administrators and parents. Objections are on the grounds of cultural
sensitivity.” And “discussions of issues on sexuality may exacerbate promiscuous behaviour.”xlvii
The fear of exacerbating promiscuity is why lessons on prevention of HIV and other sexually
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transmitted infections in Health and Physical Education and Science Text Curricula for O Level
students still do not contain the term – condom.
The success of the Canadian Red Cross intervention among purportedly conservative and
traditionally minded adults illustrates how a scientifically designed evidence-based approach to
prevention education, which includes parent and teacher stakeholders, helping them understand
and appreciate objectives and rational, can overcome purposefully reductive and indolent views
around sex and sexuality.
“Mr. Janapriya [Master Trainer] explains that because the problems of physical, sexual and
psychological violence against children, and within families, are not always discussed openly
they remain “sensitive topics.” He adds, “At first I was hesitant to discuss the topics, however,
the novel method used during the training and the support provided after the training by the Red
Cross allowed us to reach out to other teachers.”xlviii
Despite the successes of this programme, and the potential to be replicated, there is no evidence
that it has continued beyond the pockets of previously trained Master Trainers. The 2015
evaluation identified this risk.
“There is risk of the project not being sustained. Many teachers reported teaching the program
as an extracurricular activity, as opposed to during class time. When asked if there was anything
that would motivate them to continue the program, the general response from teachers was that
they would continue teaching the project messages if there was support/ follow-up from their
superiors, and resource support from an outside source (i.e. the government or an NGO).”xlix
This attitude that prevention of child abuse is somehow an extra-curricular activity is a malaise
that also affected the introduction of Hathe Ape Potha i.e. it was positioned as an extra-curricular
activity for Grade 7 students, without being seen as essential part of their learning experience. In
fact, a more sensible initiative would have been to ensure that the content in Hathe Ape Potha
was similarly presented in the Grade 7 Health & Physical Education textbook which contained
most of the information Hathe Ape Potha was presenting in a more engaging manner.
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Sri Lanka Briefing Notes Issue No 23 – November 2021
As the Canadian Red Cross and its partners identified, school are the ideal ecosystem for
prevention of different forms of child abuse. Schools bring together stakeholders who should
value the children’s best interest the most – teachers, parents, & children. A sustained long-term
intervention however is essential, especially to transform harmful attitudes, beliefs and practices.
For example, while this intervention had relative success in prevention of child sexual abuse and
sexual violence faced by children, it struggled to penetrate through to the parental psyche on
physical punishments.
“The project did not achieve the anticipated results around perceptions of physical
punishment as an inappropriate disciplinary measures in schools. even after the project, a
21
Sri Lanka Briefing Notes Issue No 23 – November 2021
22
Sri Lanka Briefing Notes Issue No 23 – November 2021
Support Mechanisms
State services are listed below.
23
Sri Lanka Briefing Notes Issue No 23 – November 2021
Conclusion
For a country that claims to put the interest of their children and young people first, Sri Lanka
has done little to follow through on these aspirations. In fact, the UN Committee on the Rights of
the Child in their Concluding observations on the combined fifth and sixth periodic reports of Sri
Lankali, published on 2nd March 2018 continue to make comprehensive recommendations for the
state to follow, which include -
24
Sri Lanka Briefing Notes Issue No 23 – November 2021
25
Sri Lanka Briefing Notes Issue No 23 – November 2021
Way Forward/Recommendations
Civil Society
I. Create awareness among parents and teachers on the need for education reform
focusing on age-appropriate social emotional learning and child protection
methodologies by working with parent and teacher stakeholder groups within
schools.
II. Hold regional and national government representatives accountable to fulfil
obligations related to the Child Rights Convention and following through on the
2018 and 2019 recommendations lii of the UN Committee on the Rights of the
Child.
Government
I. Explore the need for and implement measures for education reform, focusing on
age-appropriate social emotional learning and child protection methodologies
through a participatory process that include teacher and parent stakeholders.
II. Fulfil obligations related to the Child Rights Convention and following through on
the 2018 and 2019 recommendations of the UN Committee on the Rights of the
Child.
International community
I. Hold the Government of Sri Lanka accountable to fulfil obligations related to the
Child Rights Convention and following through on the 2018 and 2019
recommendations of the UN Committee on the Rights of the Child.
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Sri Lanka Briefing Notes Issue No 23 – November 2021
End Notes
ihttps://www.parliament.lk/uploads/documents/hansard/1581585029056317.pdf?fbclid=IwAR1IRG2zLZ1bhrOd1q
6kYAM58ZdwZEzYv1kKQjIF49-12zMHSJz7H9w76MU
iihttps://www.parliament.lk/uploads/documents/hansard/1582622439028526.pdf?fbclid=IwAR0oGqtY0BNSR5r1W
gX1nDADhH6SpUZe92AuEdReDn0koe0CWi8d6SfcAOQ
https://www.police.lk/images/crime_ststistics/2019/Grave-crime-abstract-for-the-Year-
iii
2019.pdf
iv
http://www.insssl.lk/index.php?id=249
vA formal request for information is still pending as of the deadline for publication - International World Children’s
Day, 20th November 2021.
vi https://www.police.lk/images/crime_ststistics/2020/01.Grave-crime-abstract-for-the-Year-
2020.pdf
vii https://www.dailymirror.lk/breaking_news/Alarming-rise-in-child-abuse-cases-due-to-
school-closure-Specialist/108-223598
viii http://www.bakamoono.lk/en/hiv/2593/cyber-exploitation-and-violence-statistics
ixhttps://www.parliament.lk/uploads/documents/hansard/1582622439028526.pdf?fbclid=IwAR0oGqtY0BNSR5r1W
gX1nDADhH6SpUZe92AuEdReDn0koe0CWi8d6SfcAOQ
x https://www.news.lk/news/political-current-affairs/item/32682-measures-taken-to-set-aside-a-specific-date-for-
the-hearing-of-child-abuse-cases-the-women-parliamentarians-caucus-disclose
xi http://www.adaderana.lk/news/67576/sex-education-is-the-way-to-prevent-child-abuse-ali-sabry
xiihttp://www.childprotection.gov.lk/documents/2020.12.31%20National%20Policy%20on%20Child%20Protection.
pdf
xiiihttp://www.childprotection.gov.lk/Child_Related_ACTs/National%20Child%20Protection%20Act,%20No.%2050%
20of%201998.pdf
xiv https://www.who.int/health-topics/violence-against-children#tab=tab_2
xv https://www.who.int/news-room/fact-sheets/detail/violence-against-children
https://www.childprotection.gov.lk/images/pdfs/handbooks/2020%20Identification,%20Prev
xvi
ention,%20and%20Management%20of%20Child%20Abuse.pdf
xvii http://www.childprotection.gov.lk/documents/Daycare%20Guide%20Line%20-%20Final%20-
%20English%20%20-%202019.11.04.pdf
xviii https://www.unicef.org/child-rights-convention/convention-text
xix http://www.childprotection.gov.lk/Child_Related_ACTs/CYPO%20-%20English.pdf
xx https://www.police.lk/images/crime_ststistics/2020/01.Grave-crime-abstract-for-the-Year-2020.pdf
xxi https://economynext.com/cabinet-nod-for-permitting-sri-lankas-muslim-marriages-divorces-under-common-
law-84174/
xxii https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2083248/ /
https://journals.sagepub.com/doi/abs/10.1177/0886260518808851
xxiiihttps://www.researchgate.net/publication/260477986_The_prevalence_of_Sri_Lankan_children%27s
_experience_of_parental_physical_punishment_and_their_attitudes_towards_its_use
xxiv https://drive.google.com/file/d/1dWHFLI5e2tVIelEOardKMac8hshPSwah/view?usp=sharing
xxv http://www.childprotection.gov.lk/images/pdfs/acts-
guidelines/24.1.2018%20Disciplinary%20Methods%20final%20report%2006-07-2017.pdf
xxvi https://stopchildcruelty.com/media/doc/scfr_97_17.pdf
xxvii https://www.dailymirror.lk/news-features/Military-Training-for-Youth-Explained/131-204091
xxviii https://www.theseus.fi/bitstream/handle/10024/338183/Final%20Thesis.pdf?sequence=2&isAllowed=y
27
Sri Lanka Briefing Notes Issue No 23 – November 2021
xxix https://www.sciencedirect.com/science/article/abs/pii/0145213481900491
xxx https://www.ohchr.org/Documents/HRBodies/CMW/JointGC_CRC_CMW/Jayasuriya_Opeskin.pdf
xxxi https://www.independent.co.uk/news/world/sex-tourists-prey-sri-lanka-s-children-beach-resorts-are-hunting-
grounds-european-child-abusers-and-pornographic-video-makers-tim-mcgirk-reports-colombo-1400952.html
xxxii https://www.dailymirror.lk/breaking_news/New-unit-to-monitor-child-ponography-Over-17-000-videos-
pictures-uploaded-to-cyberspace-since-last-month/108-217092
xxxiii https://www.dailymirror.lk/breaking_news/Man-uploads-over-500-child-porn-videos-images-to-cyberspace-
remanded-10-others-traced/108-217772
xxxiv https://www.opendemocracy.net/en/5050/investigating-sri-lanka-s-nude-culture/
xxxv http://www.bakamoono.lk/en/article/6134/cyber-exploitation-and-violence-to-shame-is-at-the-root
xxxvi https://www.dailynews.lk/2019/09/23/local/197651/social-media-intimidation-after-break-most-common
xxxvii http://www.bakamoono.lk/en/article/3152/sri-lankas-nude-culture-revisited-responding-to-homemade-porn
xxxviii https://www.dailymirror.lk/breaking_news/CID-probes-couple-involved-in-pornographic-video-at-
Pahanthudawa-waterfall/108-219459
xxxix http://www.bakamoono.lk/en/hiv/2593/cyber-exploitation-and-violence-statistics
xl https://www.bbc.com/news/technology-58707753
xli https://www.theguardian.com/us-news/2021/oct/05/frances-haugen-whistleblower-moral-bankruptcy-
facebook
xlii https://www.redcross.ca/crc/documents/Child-Protection-as-Part-of-Programming-in-Sri-Lanka-2017.pdf
xliii Ibid, p13
xliv https://www.docdroid.net/cEu9jw3/hathe-ape-pothapdf-pdf#page=27
xlv https://www.lankanewsweb.net/67-general-news/53862-An-insight-into-the-so-called-filthy-‘Hathe-Ape-Potha’-
-FULL-PAGES-
xlvi https://www.lankanewsweb.net/sinhala/127-general-news/55677-තිත-වැඩුණු-හයේ-යපාත---අයහෝ-මැදයගාඩ-
යනාදුටු-යමාක්-පුර--
xlvii http://www.bakamoono.lk/admin/wp-content/uploads/2016/06/SRH-Country-Profile-Sri-Lanka-Final-
English.pdf
xlviii https://www.redcross.ca/crc/documents/Child-Protection-as-Part-of-Programming-in-Sri-Lanka-2017.pdf p15
xlix Ibid p13
l Ibid
li https://www.ohchr.org/en/countries/asiaregion/pages/lkindex.aspx
lii Ibid
28