Minimising child rights violations

An awareness programme to minimise child rights violations in Hikkaduva Police area organised by the Human Rights Commission of Sri Lanka (HRCSL) was held recently.

This awareness programme was organised by the Monitoring and Review Division of the HRCSL on the direction of HRCSL Commissioner Mahanama Thilakaratne. HRCSL Monitoring and Review Deputy Director Jagath Liyanaarachchi delivered the welcome speech.

The Human Rights Commission of Sri Lanka had received several complaints regarding disappearances, abductions and killing of children in the Hikkaduwa Police area. Commissioner Thillakaratne said that this programme was organised mainly to minimize the number of child rights violation in the area.

Sixty two participants including Education Directors, Police Officers in the Galle District, Probation Officers, Child Rights Promotion Officers, Development Assistants, Women Development Officers, Labour Officers, Gramasevaka Niladharis, Samurdhi Officers, Midwives and the senior officers of the State Children’s Homes in Galle District participated.

HRCSL Commissioner Justice D. Jayawickrema who was the chief guest addressing the gathering pointed out the importance of this programme.

HRCSL Commissioner Mahanama Thilekeratne, Ambalangoda Senior SP Lakshman Benjamin and Assistant Commissioner of Labour also took part at the inaugural sessions.

HRCSL Additional Secretary (Legal) Nimal Punchihewa delivered a lecture on Domestic Laws on Child rights and its practical usage. HRCSL Commissioner Mahanama Thillakaratne explained the objective of the awareness programme.

* To find out reasons for and factors affecting the child rights abuses in selected locations.

* To sensitize the state officers on this issue and compel them to take immediate action for child rights violations.

* To provide awareness on International Human Rights Standards.

* To provide awareness on international standards and local laws relating to Child Rights.

* To-update the knowledge on new laws and recent amendments to the law on child rights.

* To develop the skills of the participants already possess and change their attitudes.

* To minimize human / child rights violations in Southern Province.

* To identify the child rights violations, abuses and to identify the weaknesses and loopholes in the field of child rights and to plan programmes to address the same.

* To develop the collaboration among the institutions which are dealing with child rights and

* To identify the weaknesses and loopholes of domestic laws and make recommendations to the government for necessary amendments.

Public’s right to a peaceful and healthy environment

Inquiries and Investigations Division of Human Rights Commission of Sri Lanka recently discussed issues relating to Emergency regulations, the Police Act and Internal Regulations of the Police Department and incidents relating to disappearances. Further, eulogized the duties performed by the police officers in maintaining peace and security in Sri Lanka.

Stockholm Declaration of the United Nations Conference on the Human Environment, 16 June 1972, U.N. Doc. A/.CONF. 48/14/Rev. 1 at 3 (1973), stated - “...man is both a creature and a moulder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth.... both aspects of man’s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights; even the right to life itself.....”

Principle 1 of the STOCKHOLM DECLARATION established a foundation for linking human rights, health, and environmental protection, declaring that; man has the fundamental rights to freedom, equality and adequate conditions of life, in an environment of equality that permits a life of dignity and well-being.

According to Article 25 of the Universal Declaration of Human Rights...’ everyone has the right to a standard of living adequate for the health and well-being...’

Even though they do not confer or impose legal rights or obligations, and are not enforceable in any court or tribunal, according to the Directive Principles of State Policy and Fundamental Duties stated in the Constitution of Sri Lanka, one of the objectives of the State is to provide an adequate standards of living for our citizens, including adequate food, clothing and housing, the continuous improvement of living conditions and the full enjoyment of leisure and social and cultural opportunities (Article 27 (2) (C).

Thus it is evident that public has the right to peaceful and healthy environment. The Human Rights Commission of Sri Lanka intervened in an environmental matter recently regarding noise pollution.

The problem arose regarding a small-scale sawing mill carried out by a carpenter resided in Moratuwa. One of his neighbours complained that the sound emanating from the sawing mill is a nuisance to them.

One of the main issues that arose in the case is that the owner of the said mill was carrying it out without obtaining an environmental protection licence (EPL). Nevertheless. It was revealed that the owner of the said mill was not required to apply for an EPL as the machines of the mill are run on 1 Horse Power (HP).

Law relating to this issue is stated in the National Environmental Act. No.47 of 1980 and the Regulation No. 1159/22, which is gazetted (extraordinary) on November 22, 2000.

It states activities for which the environmental protection license is required. Part B of the said Regulation states that the owner of a carpentry workshop which uses electricity, and if it is more than 3HP, is required to obtain EPL.

The HRCSL observed that the law is silent regarding the carpentry workshop which use electricity power less than 3 HP.

According to Section 10 (c) of the HRCSL Act, the Commission is empowered to advice and assist the government in formulating legislation and administrative directives and procedures in furtherance of, promotion and protection of fundamental rights.

Thus, the Commission summoned officers of the Central Environmental Authority. Officers who represented the National Environmental Authority stated that they have already drawn their attention to the defect of the Act and that they have made all arrangements to amend the Act in order to include other carpentry workshops which emanate the noise less than 3HP as well.

HRCSL Commissioner Mahanama Thilakaratne chaired the meeting.

It was revealed at the meeting that police officers encountered much hardship in discharging their duties such as undue influence of the politicians.

It was also revealed that they were forced to adhere the orders given by the politicians and thus, they have to follow illegal orders. In addition, some superior public officers impose their influence on the police. Therefore, the officers revealed that it is very difficult to perform their duties and administer justice.

Police if required has to act towards a peaceful environment to live with confidence without fear of crime and violence as stated in their vision statement. According to the mission statement of the Police... “Sri Lanka Police is committed and confident to uphold and enforce the law of the land, to preserve the public order, prevent crime and terrorism with prejudice to none - equity to all.”

Therefore, it is observed that the Police should become more public friendly than today and the structural alteration should be made to win the confidence of the public with the view to achieve the required human rights standards as well as their vision and mission.

HRCSL Additional Secretary (Legal) Nimal G. Punchihewa explained the powers and functions of the Human Rights Commission and discusses issues regarding the police station visits and the human rights.

Former HRCSL Inquiries and Investigation Division Directress Ms. Samanthi Jayamanna Paranagama explaining the objective emphasised the duties of the Human Right Commission of Sri Lanka (HRCSL) is to promote the rule of law, to discuss matters identified by police visits and to have an effective coordination between police stations and the Commission.

Biased conclusions ...

Continued from February 4

Appointment of Interns - This has caused us so much of problems of providing cell phones, vehicles, laptops and providing transport. Generally interns are allowed from the University and UN Agencies and not NGOs.

Requesting to undertake Islandwide inquiries of disappeared.

When funds were called to make inquiries by visiting the affected persons and the place of the incident there has been no response.

Calling for statistics and when furnished challenging such statistics stating that the statistics are so different from theirs.

What we have are only reported details.

They keep on asking for information and when furnished dispute these figures.

Intimidate the Commission to look for missing persons even without complaining to the appropriate authorities eg. Police. Under these circumstances the Commission proposes to appointment of a Sub Committee to decide whether any useful purpose is served by attending or participating in the ICC meetings and also whether any fruitful results were achieved in the last few years.

When the Strategic Plan for 2007-2009 was launched before NGOs and Donor Agencies, the representatives of NGO’s criticised and discouraged everyone not to provide assistance for implementation of the Strategic Plan.

When invitations were extended to NGOs to discuss the strategic plan, in writing some of them refused to participate.

The information provided for investigation of disappeared contains terms like “unknown”, “an unidentified person”, “a dead body of a youth”, “a civilian” and “two youths” and it is impossible to initiate investigations.

Human Rights are for the benefit of the poor common man and not only for intellectual debates and discussions behind closed doors in an alien language not understood by common man.

We consider that the recommendations of the ICC Sub Committee is inappropriate, external interference and intervention based on non-existing rules.

ICC is not a disciplinary authority over National Human Rights Commissions. Disciplinary authority of this Commission is the Parliament and the Supreme Court. The ICC is only a co-ordinating committee of NHRIs.

Most of the millions of foreign funds on special projects managed by donors are expended on high salaries of the officers, cocktail parties and unnecessary tamashes, seminars, meetings in five star hotels.

Most of the funds are used for the luxury living of the managerial staff, various projects and foreign rapporteur.

Hence it is respectfully submitted that the downgrading of the Human Rights Commission of Sri Lanka is most unreasonable and done without an impartial inquiry and is thoroughly biased and the conclusion is based on the exparte, false and exaggerated reports of the NGOs.